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High Court of Bombay at Goa Dismisses Insurer's Appeal in Motor Accident Claim — Negligence Finding Upheld. The Court held that the Tribunal's finding on negligence was not perverse and contributory negligence was not proved by the insurer.

The case arises from a motor accident on 17.01.2021 where Mario Bernard Fernandes (Bernard), riding an Activa scooter, collided with a Toyota Qualis i...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's contributory negligence assessed at 50% for sitting on the footboard of a bus, reducing insurer's liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the claimant, Gulam Mohammad, sustained injuries while traveling as a passenger in a bus owned by Ka...

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High Court of Karnataka Allows Appeal by Driver in Employee's Compensation Case — Remands for Fresh Consideration on Merits. Commissioner's Dismissal for Default Set Aside as Claimant's Medical Evidence and Inability to Attend Were Not Properly Considered Under Employee's Compensation Act, 1923.

The appellant, Sandeep B.N., was a driver employed by the second respondent, B.N. Santhosh, driving a maxi cab bearing registration No.KA-03-D-5331. H...

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High Court of Karnataka Quashes Criminal Proceedings in Motor Vehicle Accident Case Due to Lack of Evidence and Malafide Prosecution. The court held that the FIR was false and registered with ulterior motive, warranting quashing under Section 482 Cr.P.C.

The petitioners, Mahadev and Somaling Byadagi, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing o...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Goods Carriage Passenger Not Covered by Insurance Policy. Deceased was travelling as a gratuitous passenger in a goods vehicle, and the insurer is not liable under Section 147 of the Motor Vehicles Act, 1988.

The case involves an appeal by the New India Assurance Co. Ltd. against the judgment and award of the Motor Accident Claims Tribunal, Jalna, in MACP N...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income. Claimant failed to establish monthly income of Rs.6,000/-; notional income of Rs.4,500/- applied under Motor Vehicles Act, 1988.

The National Insurance Company Limited appealed against the judgment and award dated 22-12-2008 passed by the Motor Accident Claims Tribunal, Bangalor...