Search Results for "tortfeasor"

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Search Results for "tortfeasor"

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High Court

Madras High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Pillion Rider Covered Under 'Bundled Policy' Despite 'Act Only' Label. Court holds that a 'Bundled Policy' providing personal accident cover for owner-driver also covers pillion riders, and insurance company cannot avoid liability by labeling it as 'Act Only Policy'.

23 Jun 2026

The case arises from a motor accident claim petition filed by the respondents 1 to 3 (claimants) seeking compensation of Rs.30,00,000/- for the death ...

High Court

High Court of Gujarat Enhances Compensation for Injured Minor in Motor Accident Claim — Tribunal's Lump-Sum Award Set Aside. Compensation for pain, shock and suffering, medical expenses, special diet, attendant charges, loss of amenities, and conveyance charges must be itemized under Motor Vehicles Act, 1988.

26 Feb 2026

The appellant, Sagarbhai Ramsingbhai Bhuriya, a minor, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation for injuries sus...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Case — 30% Contributory Negligence Deduction Set Aside. Claimants Entitled to Recover Full Compensation from Insurance Company of Joint Tortfeasor Under Motor Vehicles Act, 1988.

24 Feb 2026

The appeal was filed by the claimants, legal heirs of the deceased Pratapbhai Natvarlal Chunara, against the judgment and award dated 29.02.2012 passe...

Supreme Court

Supreme Court Enhances Compensation for Minor Girl with 75% Permanent Disability in Motor Accident — Attendant Charges and Pain & Suffering Increased. The Court held that attendant charges for a child with permanent mental retardation requiring constant supervision should be based on full-time minimum wages of a skilled worker, not part-time unskilled wages, under Section 166 of the Motor Vehicles Act, 1988.

13 Dec 2024

The appellant, Baby Sakshi Greola, a seven-year-old girl, suffered grievous injuries in a motor vehicle accident on 2nd June 2009 when a car driven ra...

High Court

High Court of Karnataka Allows KSRTC Appeal and Dismisses Insurance Company Appeal in Motor Vehicle Accident Claim — Apportionment of Liability Between Tortfeasors Determined Based on Contributory Negligence. The court held that when two vehicles are involved in an accident, the liability of the insurer of each vehicle is to be determined based on the degree of negligence, and the owner of the other vehicle is not liable to pay compensation if the accident was caused solely by the negligence of the driver of the insured vehicle.

23 Dec 2020

The case involves two appeals arising from a motor vehicle accident claim. The accident occurred when a KSRTC bus collided with a lorry owned by M/s S...

High Court

Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Settlement Under Own Policy Bars Further Recovery. Claimant who accepted full and final settlement from his own insurer cannot claim compensation from the opposite insurer for the same damage under the Motor Vehicles Act, 1988.

9 Aug 2018

The New India Assurance Co. Ltd. appealed against the judgment and award of the Motor Accidents Claims Tribunal (MACT), North Goa, Panaji, dated 18.11...

High Court

High Court of Karnataka Enhances Compensation for Death of Two Persons in Motor Accident. The court applied multiplier method with future prospects and increased interest rate to 12%.

24 Nov 2017

The case involves four appeals arising from a motor accident that occurred on 22.12.2013, when a Tempo Trax bearing registration No.KA-37/9942 collide...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Alleged Violation of Permit Conditions. National Insurance Company held liable to pay compensation to injured claimant as insurer of the offending vehicle, with right to recover from the owner for breach of policy conditions.

31 Oct 2017

The present appeal was preferred by the National Insurance Co., Ltd., the insurer of the offending vehicle, against the judgment and award dated 24.11...

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

Bombay High Court Allows Appeal in Motor Accident Claim Under Section 163-A of Motor Vehicles Act, 1988 — Negligence Not Required for Structured Compensation. Court holds that for claims under Section 163-A, the claimant need not prove negligence; the 'arising out of use' requirement is satisfied if the vehicle was involved in the accident, even if the collision was not the direct cause of death.

27 Jun 2017

The case arises from a motor accident claim filed by the parents and sister of Dinesh Kadam, a 22-year-old lift mechanic who died on 11 April 2007 aft...

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