Search Results for "tortfeasor"

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Search Results for "tortfeasor"

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High Court

High Court of Bombay Allows Appeal in Motor Accident Claim Case Due to Negligence of Driver — Claimants Entitled to Compensation as Deceased Was a Third Party and Contributory Negligence Not Established. The court held that the Tribunal erred in rejecting the claim on the ground of gratuitous passenger, as the deceased was a third party and the accident was caused by the rash and negligent driving of the Alto car driver under Section 166 of the Motor Vehicles Act, 1988.

9 Dec 2025

The appeal was filed by the original claimants, Janardhan Sitaram Surve and Pragati Janardhan Surve, against the Judgment and Award dated 12.07.2024 p...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of 22-Year-Old Labourer. Negligence of Tanker Driver Proved; Contributory Negligence of Deceased Not Established; Income Assessed at Rs. 9,000 per Month Under Motor Vehicles Act, 1988.

14 Nov 2025

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Thane, dated 30 September 2022, in MACP No. 108 of 2015. The claimants, legal...

Supreme Court

Supreme Court Allows Insurance Company's Appeal in Motor Accident Compensation Case Regarding Deduction of Compassionate Assistance. Compensation under Motor Vehicles Act, 1988 must exclude amounts received under Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 to avoid double payment, following binding precedent under Article 141 of Constitution.

8 Apr 2025

The Supreme Court addressed an appeal concerning the computation of compensation under the Motor Vehicles Act, 1988 when the dependents had also recei...

Supreme Court

Supreme Court Dismisses Appeals in Arbitration Act Case Regarding Foreign Award Enforcement. Non-Signatory Parties Not Bound by Arbitration Agreement Under Alter Ego Doctrine for Enforcement Under Part II of Arbitration and Conciliation Act, 1996.

10 Aug 2021

The Supreme Court of India heard civil appeals concerning the recognition and enforcement of foreign awards under Part II of the Arbitration and Conci...

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

Bombay High Court Dismisses Insurance Company's Appeal Against Compensation Award for Traumatic Amputation. The Tribunal's assessment of 70% disability and award of Rs.5,02,600 under Section 166 of Motor Vehicles Act, 1988 was upheld as just and proper.

19 Mar 2019

The case involves an appeal by the insurance company against an award of the Motor Accident Claims Tribunal, Mumbai, granting compensation to the clai...

High Court

High Court of Bombay Allows Appeal in Motor Accident Claim — Pillion Rider Cannot Be Held Guilty of Contributory Negligence. The court held that a pillion rider has no control over the vehicle and cannot be attributed negligence unless there is specific evidence of active intervention.

7 Jan 2019

The appellant, a pillion rider on a motorcycle, was injured in an accident involving a tractor. He filed a claim petition before the Motor Accident Cl...

High Court

Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim — Deceased's Income Reassessed and Multiplier Applied Correctly. The Court held that the Tribunal erred in not considering future prospects and in deducting income from son's contribution, and enhanced compensation under conventional heads following Rajesh v. Rajbir Singh.

18 Apr 2015

The appeal was filed by the claimants (widow and children of the deceased) under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of c...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Under Section 163A MV Act — No Fault Liability Principle Precludes Defence of Victim's Negligence. The Court held that the defence of wrongful act or neglect of the victim is not available in proceedings under Section 163A of the Motor Vehicles Act, 1988, as the provision is a complete code based on no fault liability.

6 Feb 2014

The appeal arises from a judgment and award dated 15th June 2010 passed by the Motor Accident Claims Tribunal, Mumbai in M.A.C.P. No. 2554 of 1995. Th...

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