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Bombay High Court Dismisses Appeal Against Motor Accident Compensation Award for Death of 15-Year-Old Newspaper Boy. Negligence of Auto Rickshaw Driver Established by Unrebutted Testimony of Claimant's Mother.

The case arises from a motor accident claim petition under Section 166 of the Motor Vehicles Act, 1988, filed by the respondents (original claimants) ...

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High Court of Bombay at Aurangabad Allows Appeal in Motor Accident Claim — Owner of Jeep Held Liable Despite Driver's Acquittal. The court held that the standard of proof in civil proceedings is different from criminal proceedings and that the owner is vicariously liable for the driver's negligence.

The appellant, Narendra Aniruddha Dake, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries su...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence Established by Criminal Proceedings — Tribunal Erred in Dismissing Claim on Ground of Non-Examination of Eye Witnesses.

The present appeal arises from the dismissal of a claim petition under Section 166 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribun...

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High Court of Karnataka Acquits Accused in Rash Driving and Death Case Due to Inconsistent Evidence and Lack of Proof of Negligence. Conviction under Sections 279, 304A IPC and Section 187 MV Act Set Aside as Prosecution Failed to Establish Guilt Beyond Reasonable Doubt.

The revision petitioner, Dyaniyal S/o Malku Army, was convicted by the Addl. Civil Judge and JMFC, Humnabad in C.C. No. 309/2019 for offences under Se...

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High Court of Karnataka Allows Appeal in Railway Accident Claim — Deemed Passenger Doctrine Applied. Claimants entitled to compensation as deceased was a bona fide passenger holding a valid ticket, rebutting the presumption of negligence under Section 124A of the Railways Act, 1989.

The appeal arises from the dismissal of a claim petition by the Railway Claims Tribunal, Bangalore Bench, in OA No. II U 162/2012 dated 14.12.2016. Th...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence and Liability Upheld. Claimant's injuries and treatment evidence sufficient to affirm MACT award under Section 173(1) of Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 27.11.2015 at 11:30 p.m. when a Bolero Jeep bearing registration No.KA-38-M-2752, driven by its...

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High Court of Karnataka Allows BMTC's Appeal in Motor Vehicle Accident Claim — Tribunal's Award Set Aside Due to Lack of Evidence of Negligence. Owner of the offending vehicle held liable for damages as insurer's liability not established under Section 173(1) of Motor Vehicles Act, 1988.

The appellant, Bangalore Metropolitan Transport Corporation (BMTC), filed a claim petition before the Motor Accident Claims Tribunal (MACT) seeking co...