Search Results for "Section 163-A"

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Search Results for "Section 163-A"

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High Court

High Court of Karnataka Enhances Compensation for Death of 25-Year-Old in Motor Accident, Upholds Insurance Company's Liability. Claimants awarded additional compensation under standard heads with 6% interest per annum.

4 Mar 2024

The appeals arise from a judgment and award dated 18.04.2015 passed by the Additional Motor Accident Claims Tribunal, Sirsi, in MVC No.5/2013. The cla...

High Court

High Court of Karnataka Enhances Compensation for Death in Motor Vehicle Accident, Upholds Insurer's Liability Despite Lapsed Driving License. Claimants awarded Rs.8,52,000/- for death of 45-year-old coolie, applying multiplier of 13 and notional income of Rs.4,500/- per month under Motor Vehicles Act, 1988.

21 Feb 2024

The case arises from a motor vehicle accident that occurred on 21.01.2007 involving a lorry bearing registration No.KA-18/553. The deceased, Sundara N...

High Court

Bombay High Court Partially Allows Insurance Appeal in Motor Accident Claim Under Section 163-A MV Act — Reduces Compensation by Capping Income at Rs.40,000 p.a. and Interest Rate to 6% p.a. The Court held that the Tribunal erred in assessing income beyond the statutory cap of Rs.40,000 per annum under the Second Schedule of Section 163-A of the Motor Vehicles Act, 1988, and in awarding interest at 9% per annum instead of 6% per annum.

16 Jun 2023

The appellant, Oriental Insurance Company Ltd., challenged the judgment and award dated 3rd January 2003 passed by the Motor Accident Claims Tribunal,...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Jurisdiction Objection Rejected. Claimants Awarded Compensation of Rs.4,22,900/- with 6% Interest for Death in Lorry Accident.

10 Jul 2018

The appeal was filed by the insurer, Royal Sundaram Alliance Insurance Company Limited, challenging the judgment and award dated 10.08.2012 passed by ...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Jurisdiction Objection Overruled. Claimants awarded compensation of Rs.4,22,900/- with interest at 6% p.a. for death in road accident.

10 Jul 2018

The appeal was filed by the insurer, Royal Sundaram Alliance Insurance Company Limited, challenging the judgment and award dated 10.08.2012 passed by ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case — Multiplier Corrected from 13 to 16 for Deceased Aged 38 Years. Future Prospects and Conventional Heads Enhanced as Per Sarla Verma and Pranay Sethi Guidelines.

25 Sep 2017

The appellants, legal representatives of deceased Shrimant Ghuge, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the a...

High Court

High Court Partially Allows Insurance Company's Appeal in Motor Accident Claim Under Section 163A of Motor Vehicles Act — Reduces Future Prospects and Non-Pecuniary Damages. The structured formula under the Second Schedule does not permit future prospects or excessive non-pecuniary damages.

10 Mar 2016

The case arises from a motor accident claim petition filed under Section 163A of the Motor Vehicles Act, 1988, by the legal representatives of the dec...

High Court

Bombay High Court Enhances Compensation for Injured Police Constable in Motor Accident Claim Under Section 163A Motor Vehicles Act. Permanent Disability of 45% Leads to Recalculation of Compensation Using Multiplier Method, Setting Aside Inadequate Tribunal Award.

11 Dec 2013

The appellant, Vilas Bagde, a police constable, was injured in a motor vehicle accident on 23 January 1995 when a jeep dashed his scooter. He sustaine...

High Court

Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Upholds Compensation Based on Actual Income Under Section 163A of Motor Vehicles Act, 1988. The court held that the structured formula under Section 163A read with Schedule II is mandatory but actual income of the deceased must be used for computation, not notional income.

17 Sep 2013

The appellant, The Oriental Insurance Co. Ltd., challenged the judgment and award dated 18 November 2009 passed by the Motor Accident Claims Tribunal,...

High Court

High Court of Bombay at Goa Allows Insurance Company's Appeal in Motor Accident Claim — No Liability Under Section 163A of Motor Vehicles Act When Claimant Fails to Prove Income and Age of Deceased. The Court held that the burden of proof lies on the claimant to establish income and age even in a no-fault claim under Section 163A of the Motor Vehicles Act, 1988.

25 Feb 2011

The case involves two appeals filed by the National Insurance Co. Ltd. against the award of the Motor Accident Claims Tribunal, Panaji, Goa, in two cl...

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