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Bombay High Court Dismisses Appeal by ST Corporation in Motor Accident Claim — Negligence of Bus Driver Upheld. Compensation of Rs 8,27,600 for Death of Primary Teacher in Bus-Jeep Collision Not Excessive.

The appeal was filed by the Maharashtra State Road Transport Corporation against the judgment and award dated 27-06-2003 passed by the Motor Accident ...

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Gujarat High Court Allows Insurance Company's Appeal in Motor Accident Claim Due to Driver's Lack of Valid Driving Licence. Violation of Section 3 of Motor Vehicles Act, 1988 Exonerates Insurer from Liability to Pay Compensation.

The case arises from a motor accident claim where the deceased, Sangar Bashir Amadbhai, died in a collision between his motorcycle and a Bolero vehicl...

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High Court of Gujarat Enhances Compensation for Injured Motorcyclist in Motor Accident Claim — Tribunal's Award of Rs.10,44,212/- Modified to Rs.25,00,000/- with 9% Interest. Future Loss of Income Recalculated Based on Notional Income of Rs.4,500/- per Month and 40% Disability.

The appellant, Ambala Muljibhai Makwana (since deceased, represented by legal heirs), was driving a motor cycle on 18.01.2003 when a tanker bearing re...

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High Court of Gujarat Enhances Compensation in Motor Accident Claim Case Due to Negligent Driving by Multiple Vehicles. Apportionment of Liability Between Joint Tortfeasors Upheld Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of the deceased, Amanathussain Mukhtarhussain, who died in a vehicular a...

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Upholds Pay-and-Recover Direction. Tribunal Has Power to Direct Insurer to Pay Compensation First and Recover from Owner Even if Policy Breach Found, as Per Division Bench in Traders Pvt. Ltd.

The appeal was filed by the Oriental Insurance Company Limited challenging the order of the Motor Accident Claims Tribunal which directed the insurer ...

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High Court of Karnataka Dismisses Insurer's Petition Challenging MACT Order on Preliminary Issue in Motor Accident Claim. Subrogation Rights of Insurer Upheld Under Section 166 of Motor Vehicles Act, 1988.

The New India Assurance Company Limited, the insurer of the offending lorry (bearing no. NL 05 A 1062), filed a writ petition challenging an order dat...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income and Negligence. Owner of Vehicle Held Liable for Contributory Negligence as Driver Was Not Holding Valid Driving Licence.

The case involves multiple appeals arising out of a motor accident that occurred on 18.10.2008. The appellant, New India Assurance Co. Ltd., challenge...

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High Court Allows Appeal and Remands Motor Accident Claim for Computation of Compensation, Holding That Delay in FIR Is Not Fatal and Test Is Preponderance of Probabilities. Tribunal Erred in Dismissing Claim for Discrepancies in Vehicle Number Despite Corroborating Evidence of MLC and Spot Panchnama.

The appellant, Dilip Deshmukh, suffered grievous head injuries in a motor accident on 20 May 2011 while riding his motorcycle, when a Trax jeep collid...