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Supreme Court Dismisses Appeal by Insurance Company, Holds Mediclaim Amount Not Deductible from Motor Accident Compensation. Contractual Insurance Benefit Is Independent of Statutory Compensation Under Motor Vehicles Act, 1988, and Cannot Be Deducted to Avoid Double Recovery.

The Supreme Court in this appeal considered the question whether amounts received by a claimant under a Mediclaim policy are deductible from the compe...

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Gujarat High Court Allows Conversion of Claim Petition from Section 163A to Section 166 of Motor Vehicles Act, 1988 — Remand for Fresh Adjudication. Claimants permitted to convert claim petition at any stage, including after remand, as per settled law.

The petitioners, original claimants in a motor accident claim, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988, following th...

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High Court of Karnataka Allows Enhancement of Compensation in Motor Accident Claim Case — Insurance Company's Appeal Dismissed. Apportionment of Liability Between Insurers Upheld Based on Contributory Negligence of Drivers.

The case arises from a motor vehicle accident that occurred on 20.05.2013 involving a Honda Activa scooter (KA-18-S-6120) and another vehicle. The cla...

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Bombay High Court Allows Appeal in Motor Accident Claim — Failure to Implead Legal Heirs of Deceased Owner Not Fatal. Tribunal Erred in Dismissing Claim Petition Without Considering Application for Substitution Filed Before Signing of Judgment.

The appellants, legal heirs of deceased Bajirao Laxman Thorat, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Mot...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimants' Cross-Objection for Enhanced Compensation Dismissed as Deceased Pedestrian Found 50% Negligent for Crossing Road Without Caution.

The case arises from a motor accident claim petition filed by the legal representatives of the deceased Khajasab, who died in a road accident on 18-03...

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Bombay High Court Allows PIL Seeking Directions to Motor Accidents Claims Tribunals for Compliance with Procedural Rules. Court Holds That Insistence on Personal Appearance of Claimants at Filing Is Not Mandatory Under Rule 254(2) of Maharashtra Motor Vehicles Rules, 1989.

This Public Interest Litigation was filed by Anil Prabhakar Tadkalkar, a practicing advocate, raising several issues concerning the disposal of claim ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Insurer of Truck held not liable as accident caused solely by bus driver's negligence, but insurer of bus liable to pay compensation with right to recover from owner.

The National Insurance Company Ltd. (appellant) filed two appeals against the judgment and order dated 18th February 2008 passed by the Motor Accident...