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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim for Minor Deceased — Compensation of Rs.79,500/- Upheld. Notional Income of Rs.15,000 per annum applied for a 6-year-old child under Motor Vehicles Act, 1988, Section 166, but no enhancement allowed without cross-appeal.

The appeal was filed by the National Insurance Co. Ltd. against the judgment and order dated 11/11/2005 of the Motor Accident Claims Tribunal, Wardha,...

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High Court of Karnataka Allows Appeal in Motor Accident Claim — Tribunal Erred in Rejecting Claim Under Section 163A M.V. Act on Ground of Contributory Negligence. Claimants Entitled to Compensation Under Structured Formula Without Proof of Negligence.

The appeal was filed by the claimants, the wife and children of the deceased Shantaram, challenging the judgment and award dated 12.07.2012 passed by ...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Tribunal's Award for Injuries Sustained in Hit-and-Run Accident. Delay in Filing FIR Does Not Discredit Claim When Medical Evidence and Other Circumstances Corroborate the Accident.

The appeal was filed by the insurer, United India Insurance Co. Ltd., challenging the judgment and award dated 05.07.2012 passed by the Addl. Senior C...

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Karnataka High Court Sets Aside MACT Award in Motor Accident Claim Due to Fraudulent Suppression and Unexplained Delay; Insurer's Appeal Allowed and Claimants' Appeal for Enhancement Dismissed. Medico-Legal Case Procedures Under CrPC Sections 39, 174 Highlighted to Emphasize Need for Genuine Claims.

The two appeals before the High Court of Karnataka, Dharwad Bench, arose from the judgment and award dated 03.01.2018 in MVC No.1932/2017 by the X Add...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim Case — Reduces Compensation Due to Lack of Proof of Income and Medical Expenses. Claimant's Appeal for Enhancement Dismissed as Tribunal's Assessment of Income and Medical Expenses Was Based on Conjectures.

The case involves a motor accident claim arising from an incident on 14.12.2005 when the claimant, Ravikumar, a pedestrian, was hit by a car bearing r...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased Motorcyclist Found 50% Negligent for Collision with Lorry, Reducing Claimants' Award Proportionately.

The appeal was filed by the Oriental Insurance Company Limited against the judgment and award dated 27.06.2009 passed by the Civil Judge (Sr.Dn) & MAC...

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High Court of Karnataka Allows Insurance Company's Appeal in Workmen's Compensation Case Due to Erroneous Assessment of Loss of Earning Capacity. Commissioner's Award Set Aside and Remanded for Fresh Assessment Based on Medical Evidence Under Workmen's Compensation Act, 1923.

The appeal was filed by the Oriental Insurance Company against the order of the Labour Officer and Commissioner for Workmen's Compensation, Sub Divisi...

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High Court of Karnataka Partly Allows Insurance Company's Appeal, Reduces Compensation in Workmen's Compensation Case. Commissioner's assessment of 100% loss of earning capacity set aside as contrary to medical evidence showing 26% disability under Section 4(1)(c) of Workmen's Compensation Act, 1923.

The appeal was filed by the Oriental Insurance Company under Section 30(1) of the Workmen's Compensation Act, 1923, against the order dated 19th June ...