Search Results for "Liability apportionment"

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Search Results for "Liability apportionment"

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High Court

Madras High Court Partially Allows Insurance Company's Appeal and Dismisses Claimants' Cross-Objection in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. The court upheld the Tribunal's finding of 50% contributory negligence but reduced the notional income and set aside future prospects, resulting in a reduced award of Rs. 13,76,000/-.

5 Feb 2026

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, a 55-year-old vegetable vendor, who died in a...

Supreme Court

Supreme Court Directs Successor States to Pay Employees of State-Owned Corporations Following Bifurcation Under Bihar Reorganisation Act, 2000 — Prolonged Non-Payment Violates Right to Livelihood Under Article 21.

1 Jan 2026

The present writ petition was filed by the Bihar State Ardh Sarkari Arajpati Karamchari Maha Sangh and others, representing thousands of employees of ...

High Court

High Court of Karnataka Dismisses Insurance Company Appeals in Motor Accident Claims — Apportionment of Liability Between Insurers Upheld. The court held that where two vehicles are involved in an accident, the liability of each insurer is to be apportioned based on the finding of contributory negligence, and the insurer of the offending vehicle cannot avoid liability on the ground that the other vehicle was also insured.

22 Aug 2024

This batch of miscellaneous first appeals arises out of a common judgment and award dated 29/9/2016 passed by the Principal Senior Civil Judge and Add...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimants' Appeal for Enhanced Compensation Dismissed as Deceased Pedestrian Found 50% Contributory to Accident.

24 Nov 2023

The case arises from a motor vehicle accident that occurred on 22.05.2011 at about 8.30 p.m. near Mallaghatta Gate, Kunigal Town, Tumkur District. The...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim for Pillion Rider Death - Notional Income Enhanced to Rs.6,000 per Month with Future Prospects. The Court held that even without income proof, notional income should be assessed reasonably and future prospects added for self-employed persons under Section 166 of Motor Vehicles Act, 1988.

17 Jul 2023

The appellants, original claimants, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, aggrieved by the judgment and award dated 22.8....

High Court

High Court of Karnataka Partially Allows Employer's Appeal and Dismisses Insurance Company's Appeal in Workmen Compensation Case — Employer Liable for 50% of Compensation Due to Lack of Insurance Coverage for Deceased Worker. The court upheld the apportionment of liability between employer and insurer but modified interest to apply only on employer's share from accident date.

2 Aug 2021

The case involves two appeals arising from a common judgment dated 28.10.2010 passed by the Labour Officer and Commissioner for Workmen Compensation, ...

High Court

High Court of Karnataka Allows Enhancement of Compensation in Motor Accident Claim Case — Insurance Company's Appeal Dismissed. Apportionment of Liability Between Insurers Upheld Based on Contributory Negligence of Drivers.

10 Oct 2019

The case arises from a motor vehicle accident that occurred on 20.05.2013 involving a Honda Activa scooter (KA-18-S-6120) and another vehicle. The cla...

High Court

Bombay High Court Partly Allows Appeal by Insurance Company in Motor Accident Claim — Apportions Liability Between Two Insurers. Oriental Insurance Co. Ltd. held liable for 75% of compensation with right to recover from owner for breach of policy conditions.

24 Sep 2019

The present appeal was filed by Oriental Insurance Co. Ltd., the insurer of the truck involved in the accident, challenging the judgment and award of ...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claims — Apportionment of Negligence and Quantum of Compensation Reassessed. The court held the car driver solely negligent and enhanced compensation for injuries and death.

17 Dec 2018

The judgment arises from four appeals filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 13.12.2013 pass...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Under Section 163A MV Act — No Fault Liability Principle Precludes Defence of Victim's Negligence. The Court held that the defence of wrongful act or neglect of the victim is not available in proceedings under Section 163A of the Motor Vehicles Act, 1988, as the provision is a complete code based on no fault liability.

6 Feb 2014

The appeal arises from a judgment and award dated 15th June 2010 passed by the Motor Accident Claims Tribunal, Mumbai in M.A.C.P. No. 2554 of 1995. Th...

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