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Search Results for "MACT appeal"

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High Court

High Court of Bombay Allows Insurance Company's Appeal in Part, Enhances Compensation in Motor Accident Claim — Insurer Liable to Pay and Recover. Deceased aged 35, self-employed, entitled to 40% future prospects; loss of consortium enhanced to Rs.40,000 per claimant.

17 Dec 2019

The case arises from a motor accident claim filed by the widow and children of Binod Pande, who died in a vehicular accident on 28th August 2012. The ...

High Court

High Court of Karnataka Allows Owner's Appeals in Motor Accident Claims — Insurance Company Held Liable to Pay Compensation Despite Alleged Breach of Policy Conditions. Owner's Right to Recover from Insurer Upheld Where Vehicle Was Driven by a Person with a Valid License and No Fundamental Breach Established.

11 Sep 2020

The case involves multiple appeals filed by the owner of a vehicle, Devendra Kanhaiyalal Newaskar, against the judgment and award of the Motor Acciden...

High Court

High Court of Bombay at Goa Upholds Owner's Liability in Motor Accident Claim Despite Insurance Policy Cancellation — Insurer's Failure to Prove Valid Cancellation Before Accident Results in Joint Liability. The court held that under Section 147 of the Motor Vehicles Act, 1988, the insurer must prove valid cancellation before the accident to avoid liability, and the owner and driver remain jointly and severally liable.

4 Aug 2017

The case arises from a motor accident claim where the original claimant, Smt. Radeshree G. Gad, filed a claim petition before the Motor Accident Claim...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim, Holds Insurer Liable for Autorickshaw Accident Despite Driver Lacking Transport Endorsement. Driving Licence for Light Motor Vehicle Covers Autorickshaw as Public Transport Vehicle Under Section 2(21) of Motor Vehicles Act, 1988.

23 Aug 2022

The case involves an appeal by the National Insurance Company Ltd. against the judgment and award dated 24.10.2009 passed by the MACT, Mangaluru in MV...

High Court

High Court of Bombay at Aurangabad Allows Insurance Company's Appeal in Motor Accident Claim — Owner of Vehicle Cannot Claim Compensation as Third Party Under Own Insurance Policy. The court held that the deceased, being the owner and insured of the auto rickshaw, cannot be treated as a third party for claiming compensation under the Motor Vehicles Act, 1988.

23 Sep 2016

The present appeal was filed by the United India Insurance Company Ltd. against the judgment and award passed by the Motor Accident Claims Tribunal, B...

High Court

Karnataka High Court Reduces Compensation in Motor Accident Claims for Rider of Motorcycle Under Section 163A of Motor Vehicles Act. Rider Held Not Entitled to Full Compensation as Liability Limited to Contractual Personal Accident Cover of Rs.1,00,000.

1 Oct 2020

The case involved a fatal motorcycle accident on 08.12.2007 where the rider lost control and collided with a roadside stone, resulting in the death of...

High Court

High Court of Karnataka Upholds Insurance Company's Liability in Motor Accident Claim — Third Party Risk Coverage Extends to Pillion Rider Under Section 147 of Motor Vehicles Act, 1988. The court held that a pillion rider on a two-wheeler is a third party covered under the insurance policy, and the insurer is liable to pay compensation even without additional premium.

2 Feb 2022

The case involves an appeal by the Oriental Insurance Company Ltd. against the judgment and award dated 26.06.2010 passed by the II Additional Distric...

High Court

Gujarat High Court Reduces Compensation by 50% in Motor Accident Claim Due to Contributory Negligence of Deceased Driver. Deceased's failure to place warning signs after tyre puncture on highway contributed to accident, leading to apportionment of liability under Motor Vehicles Act, 1988.

19 Jan 2026

The case arises from a motor accident claim filed by the legal heirs of Sunil Samharu Yadav, who died in a road accident on 19.05.2013. The deceased w...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Case, Restores Tribunal's Finding on Negligence and Enhances Compensation. Contributory negligence cannot be presumed without evidence; monthly income assessed at Rs.62,725/- based on pay slip.

28 Feb 2025

The present appeals arise from a motor accident claim where the deceased, Boobalan, aged 38, died in a collision with a BMTC bus on 6 June 2016. The d...

High Court

Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Policy Exclusion for Non-Paid Driver Upheld. Insurer not liable for accident caused by driver not holding valid licence and not covered under policy terms.

6 May 2026

The case involves a motor accident claim where the appellant, The Oriental Insurance Company Ltd., challenged the award of the Motor Accident Claims T...

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