Search Results for "Motor Vehicles Act 1988 Section 166"

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Search Results for "Motor Vehicles Act 1988 Section 166"

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High Court

High Court of Bombay at Nagpur Upholds Interim Compensation Award in Motor Accident Claim — Insurance Company Liable to Pay Rs.50,000 Under Section 140 of Motor Vehicles Act, 1988 Despite Alleged Breach of Policy Conditions. The court held that Section 140 provides for no-fault liability and the insurer cannot avoid interim compensation on grounds of breach of policy conditions.

20 Aug 2015

The appeal was filed by the Insurance Company, HDFC Ergo General Insurance Co. Ltd., challenging the order dated 8.7.2014 passed by the Motor Accident...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Deemed Owner Liability Under Section 163-A MV Act. Occupant of Jeep Treated as Third Party; Insurance Company Cannot Avoid Liability on Ground of Policy Exclusion.

18 Apr 2016

The appeal was filed by the Oriental Insurance Company Limited against the judgment and award dated 19.02.2013 passed by the Motor Accident Claims Tri...

High Court

Bombay High Court Dismisses Insurance Company's Appeal Against Interim Compensation Under Section 140 of Motor Vehicles Act. Social Welfare Object of Section 140 Overrides Contractual Defences at Interim Stage, Gratuitous Passenger Status Irrelevant.

21 Jun 2010

The New India Assurance Co. Ltd. appealed against an order dated 5.5.2009 passed by the Motor Accident Claims Tribunal, Chandrapur in MACP No. 75 of 2...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim — Apportionment of Liability Between Insurers Upheld. Claimant allowed to amend petition from Section 163A to Section 166 of Motor Vehicles Act, 1988, and compensation enhanced for death of husband in lorry accident.

6 Jan 2014

The case arises from a motor accident claim filed by Smt. Omana Chetan, widow of S.R. Chetan, who died in a collision between a lorry (bearing registr...

High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim — Interim Compensation Under Section 140 MV Act Cannot Be Kept in Abeyance. Tribunal erred in deferring no-fault liability compensation pending final adjudication of main claim petition.

28 Feb 2017

The appellant, K.L. Vidyashankar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for injuries sustained...

High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim — Dog on Road Constitutes 'Act of God' Not Negligence. Claimant's Wife Died After Motorcycle Fell Due to Sudden Appearance of Dog; Tribunal Erred in Holding Claimant as Owner of Borrowed Vehicle Under Section 163A of Motor Vehicles Act, 1988.

11 Feb 2021

The appellant, Shri Vithal, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988, seeking compensation for the death of his wife ...

High Court

High Court of Bombay at Goa Dismisses Appeal by Claimants in Motor Accident Claim Under Section 163-A of Motor Vehicles Act, 1988 Owing to Income Exceeding Statutory Limit. Claim Petition Filed Under Section 163-A Held Not Maintainable Due to Deceased's Annual Income Exceeding Rs. 40,000 Contrary to Second Schedule, and Conversion to Section 166 Not Permitted Because of Absence of Pleading Rashness and Negligence.

13 Oct 2010

The appeal arose from an order dated 12 March 2003 passed by the Motor Accident Claims Tribunal, Mapusa, dismissing Claim Petition No. 52 of 2000 file...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim — Applies Multiplier of 18 Instead of 13. Amendment from Section 163A to Section 166 of Motor Vehicles Act Allowed to Ensure Just Compensation.

6 Jan 2014

The case arises from a motor accident claim filed by Smt. Omana Chetan, widow of deceased S.R. Chetan, who died in a road accident involving a lorry. ...

High Court

High Court Dismisses Appeal by Zilla Parishad, Upholding Award Against It as Vicariously Liable for Motor Accident Despite Not Being Legal Owner. The Court ruled that the Motor Accident Claims Tribunal's jurisdiction under Section 165 of the Motor Vehicles Act, 1988 is not limited to passing awards only against the owner, insurer or driver, and can extend to a person in control of the vehicle whose employee caused the accident.

7 Oct 2010

Three first appeals arose from awards passed by the Motor Accident Claims Tribunal in claim petitions filed under Section 166 of the Motor Vehicles Ac...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claims Due to Lack of Driving Licence and Invalid Insurance Policy. The court held that the insurer is not liable to pay compensation when the driver of the offending vehicle did not possess a valid driving licence, constituting a breach of policy conditions under Section 149(2) of the Motor Vehicles Act, 1988.

21 Feb 2024

The case involves three first appeals filed by The New India Assurance Company Ltd (the insurer) against a common judgment dated 5th July 2003 passed ...

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