Search Results for "tortfeasor liability"

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Search Results for "tortfeasor liability"

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High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased Motorcyclist Skidded While Avoiding Bicycle Rider, Held Guilty of Contributory Negligence; Compensation Reduced by 50% Under Motor Vehicles Act, 1988.

6 Jun 2023

The case arises from a motor accident claim filed by the parents of deceased Prashant Badwaik, who died in a motorcycle accident on 13/07/2006. The de...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Deduction of Contributory Negligence. Deceased pedestrian held 50% contributory negligent for crossing highway without care; compensation reduced from Rs. 8,72,000 to Rs. 4,36,000 under Motor Vehicles Act, 1988.

7 Jan 2020

The case arises from a motor accident claim filed by the legal heirs of Hanumant Yadav, who died in a vehicular accident on 28.12.2009. The deceased w...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Held that where the deceased was driving a motorcycle without a valid driving license and contributed to the accident, the claimants are not entitled to full compensation under the Motor Vehicles Act, 1988.

26 Sep 2019

The case arises from a motor accident claim filed by the legal representatives of a deceased motorcyclist. The deceased was riding a motorcycle when h...

High Court

Madras High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lower Income Assessment. The Court apportioned 50% liability on the car driver for overtaking without caution and reduced the deceased's monthly income from Rs.25,000 to Rs.15,000, modifying the award from Rs.28,20,000 to Rs.16,20,000.

5 Jun 2026

The case arises from a motor accident on 28.07.2017 when the deceased Vincent Raj was a passenger in a Maruti Alto car (TN 74 V 7180) driven by R.Vith...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Due to Negligence of Stationary Truck Owner. Deceased Motorcyclist Not Contributorily Negligent; Compensation Enhanced Using Multiplier 9 Under Motor Vehicles Act, 1988.

26 Jul 2017

The appellant, Smt. Deokabai Vishnuji Helonde, widow of Vishnuji Helonde, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, se...

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 Allows Insurance Company's Appeal Reducing Compensation in Motor Accident Claim — Parents of Deceased Captain Awarded Reduced Amount Due to Contributory Negligence and Deduction of Personal Expenses. The Court held that 50% contributory negligence was attributable to the deceased driver and that 50% deduction for personal expenses was warranted in a claim by parents, reducing the award from Rs.14,76,000 to Rs.3,59,250.

7 Nov 2023

The case arises from a motor vehicle accident on 28 July 2002 on Sangli-Kolhapur Road near Akashwani Kendra, Sangli. Captain Shailendra Karandikar was...

High Court

High Court of Karnataka Dismisses Insurance Company's Petition Challenging Tribunal's Refusal to Implead Additional Witnesses in Motor Accident Claim — No Jurisdictional Error Found in Tribunal's Discretionary Order. The Court held that the Tribunal's decision to reject impleadment of proposed respondents as unnecessary parties does not warrant interference under Article 227 of the Constitution of India.

22 Apr 2025

The judgment pertains to two writ petitions filed by the Manager of ICICI Lombard General Insurance Company Limited under Article 227 of the Constitut...

High Court

Bombay High Court Allows Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Claim Case — Negligence of Truck Driver Established, Contributory Negligence Not Proved. Claimants awarded enhanced compensation with 6% interest per annum from date of petition.

6 Nov 2023

The judgment arises from two cross-appeals against the award of the Motor Accident Claims Tribunal, Sangli, dated 28 September 2005 in Claim Petition ...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Negligence of Driver Not Proved by Insurance Company. The court upheld the Tribunal's award of compensation to the legal representatives of a deceased fisherman, holding that the insurer failed to prove breach of policy conditions or contributory negligence.

16 Jul 2026

The appellant, The New India Assurance Co. Ltd., filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and aw...

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