Search Results for "negligence"

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Search Results for "negligence"

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High Court

High Court of Karnataka Dismisses Insurer's Appeal and Allows Claimants' Cross-Objections in Motor Accident Claim — Negligence of Driver Proved, Compensation Enhanced. The court upheld the Tribunal's finding of negligence against the driver of the insured vehicle and enhanced compensation from Rs. 2,90,000/- to Rs. 4,50,000/- with interest at 8% p.a. under the Motor Vehicles Act, 1988.

17 Oct 2016

The case arises from a motor accident claim petition filed by the parents of a deceased 17-year-old boy, who died in a road accident involving a vehic...

High Court

High Court of Karnataka Allows Insurance Company's Appeal and Dismisses Claimant's Appeal in Motor Accident Compensation Case — Negligence Not Proved as Claimant Failed to Examine Driver or Produce Documents. The burden of proof lies on the claimant to establish negligence under Section 166 of the Motor Vehicles Act, 1988, and failure to examine the driver or produce FIR/charge sheet results in dismissal of the claim.

4 Oct 2016

The case involves two appeals arising from a common judgment and award dated 13.09.2010 passed by the II Additional Senior Civil Judge and Additional ...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim for Death of Vijay Pandhre — Negligence of Swift Car Driver Upheld, Income Reassessed at Rs. 6,000 per Month. Tribunal's finding on negligence affirmed; notional income enhanced from Rs. 4,500 to Rs. 6,000 per month; multiplier of 16 applied; 1/5th deduction for personal expenses; no future prospects; conventional damages of Rs. 70,000 awarded.

24 Oct 2016

The claimants, being the wife, four minor children, and parents of the deceased Vijay Pandhre, filed a claim petition under the Motor Vehicles Act, 19...

High Court

High Court of Karnataka Enhances Compensation for Widow and Minor Child in Motor Accident Claim — Negligence of Lorry Driver Established. The court modified the Tribunal's award under Section 173(1) of the Motor Vehicles Act, 1988, increasing compensation from Rs. 6,50,000 to Rs. 8,50,000 for the death of a pedestrian due to rash driving.

9 Dec 2016

The case involves an appeal by the claimants, Shantavva (widow) and Veerbhadrappa (minor son), against the judgment and award dated 04.03.2015 passed ...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Truck Driver Held Solely Negligent Despite Head-On Collision. Interest on Future Prospects Granted Following Supreme Court Precedent.

1 Oct 2024

The appellant, IFFCO-TOKIO General Insurance Co. Ltd., challenged the judgment and order dated 11.12.2012 of the Motor Accident Claims Tribunal, Osman...

High Court

Bombay High Court Partially Allows Claimants' Appeal and Dismisses Owner's Appeal in Motor Accident Case — Enhances Compensation for Death of Abdul Shakeel. Negligence of Tractor-Trailer Driver Established; Contributory Negligence Not Proved; Compensation Enhanced from Rs.1,60,500 to Rs.3,50,000 with 7.5% Interest.

27 Jun 2017

The judgment arises from two cross-appeals against the award of the Motor Accident Claims Tribunal, Nagpur in Claim Petition No.815 of 1999. The claim...

High Court

High Court of Karnataka Dismisses Insurance Company Appeals in Motor Accident and Workmen Compensation Cases — Upholds Awards for Injured Driver and Legal Heirs of Deceased. The court held that insurers are liable to pay compensation under the Workmen's Compensation Act, 1923, and Motor Vehicles Act, 1988, when the vehicle is insured and the accident arises out of employment or negligence.

5 Jan 2015

The judgment involves multiple miscellaneous first appeals filed by insurance companies against awards of compensation in motor accident and workmen c...

High Court

High Court of Karnataka Dismisses Insurance Company Appeals in Workmen Compensation and Motor Accident Cases — Upholds Awards for Injured Driver and Deceased Victim's Dependents. Negligence and Employer-Employee Relationship Established; No Substantial Question of Law Raised Under Section 30(1) of Workmen's Compensation Act, 1923 and Section 173(1) of Motor Vehicles Act, 1988.

5 Jan 2015

The High Court of Karnataka at Dharwad disposed of a batch of miscellaneous first appeals filed by insurance companies against awards of compensation ...

High Court

High Court of Karnataka Enhances Compensation for Parents of Deceased Minor in Motor Accident Claim — Negligence of Lorry Driver Established. The Court held that the notional income of a 12-year-old deceased should be taken as Rs. 30,000/- per annum under the Second Schedule of the Motor Vehicles Act, 1988, and applied multiplier 15 to award Rs. 4,65,000/- with interest.

27 Feb 2015

The case involves an appeal by the parents of a deceased minor son, Master Arjun, who died in a motor vehicle accident on 22.08.2010. The deceased was...

High Court

High Court of Karnataka Dismisses Owner's Appeal and Allows Injured's Appeal in Motor Accident Claim — Negligence and Quantum Enhanced. Owner's liability upheld as driver had valid license; compensation enhanced from Rs.59,000 to Rs.1,00,000 with 6% interest.

2 Feb 2015

The case arises from a motor accident that occurred on 18.10.2001 involving a motorcycle bearing registration No.KA-13/U-1009. The claimant, Mujahid @...

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