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Bombay High Court Partly Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 30% to 15%. Deceased Motorcyclist Found Partly Negligent for Not Wearing Helmet and Not Having Valid Driving Licence, Leading to Reduction in Deduction from Compensation.

The present appeal was filed by the original claimants, being the widow, children, and father of the deceased Hanmantrao Manikrao Deshmukh, challengin...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim for Death of Auto-Rickshaw Driver Due to Negligence of Another Vehicle. Multiplier applied as per Sarla Verma and future prospects added as per Pranay Sethi principles.

The appeal was filed by the claimants, being the wife, minor children, and mother of the deceased K.V. Ramanathan, who died in a motor vehicle acciden...

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Supreme Court Upholds Enhanced Compensation in Motor Accident Claim — Ex Gratia Payment Not Deductible. High Court's award of Rs. 48,00,000 with 7.5% interest held just; no interference required.

The case arises from a vehicular accident on 30.12.1995 where Shri Rajpal Singh Johal died after an oil tanker rammed into his car. Two claim petition...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimants' Cross-Objection for Enhanced Compensation Dismissed as Deceased Pedestrian Found 50% Negligent for Crossing Road Without Caution.

The case arises from a motor accident claim petition filed by the legal representatives of the deceased Khajasab, who died in a road accident on 18-03...

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High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Cobbler/Agricultural Labourer. Insurer Liable Jointly and Severally with Driver and Owner for Rs.2 Lacs with 9% Interest Under Motor Vehicles Act, 1988.

The appellant, New India Assurance Company Ltd., filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award...

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Bombay High Court Partly Allows Insurer's Appeal Reducing Compensation for Death of Two-Year-Old Child in Motor Accident. Notional Income Method Under Section 163A of Motor Vehicles Act, 1988 Cannot Be Applied Retrospectively to Accidents Occurring Before Its Enactment.

The case arises from a motor accident claim where a two-year-old child, Shudhodhan, died after a tractor-trolley driven in reverse dashed against the ...