Search Results for "Section 173, Motor Vehicles Act"

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High Court of Karnataka Allows Appeal in Motor Accident Claim Case Due to Negligence of Driver — Tribunal Erred in Dismissing Claim Petition on Ground of Contributory Negligence Without Evidence.

The appeal was filed by the claimants, legal representatives of the deceased Mani, challenging the judgment and award dated 29.07.2013 passed by the V...

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Gujarat High Court Partly Allows Appeals in Motor Accident Case — Notional Income Upheld but Loss of Consortium Awarded. Claimants Failed to Prove Higher Income of Deceased Couple, but Entitled to Rs.40,000 Each for Loss of Consortium Under Motor Vehicles Act, 1988.

The present appeals arise out of a motor accident that occurred on 12.05.2018, wherein the deceased Rakesh Maheshbhai Makwana and his wife Ramilaben R...

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High Court of Karnataka Allows Enhancement of Compensation for Minor Claimant in Motor Accident Case — Notional Income of Rs. 30,000/- per annum Applied with Multiplier of 18. Insurance Company's Appeal Dismissed for Failure to Prove Contributory Negligence.

The case involves two appeals arising from a motor accident claim. The claimant, H.A. Anil, a minor aged 17 years, was injured in a road accident on 1...

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Bombay High Court Dismisses Insurer's Appeal, Upholds Inclusion of Salary Allowances in Income for Compensation Calculation Under Motor Vehicles Act. Court Holds That All Allowances Part of Pay Structure Are Includible and Compassionate Appointment Does Not Reduce Dependency Loss.

The appeal arose from a Motor Accident Claims Tribunal award granting compensation of Rs. 50,75,000/- to the widow, minor son, and mother of one Haris...

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High Court of Karnataka Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Claimants' Cross-Objections Dismissed as Deceased Pedestrian Was Crossing Highway Without Caution, Contributing 50% to Accident.

The case arises from a motor accident claim petition filed by the parents of a deceased 25-year-old bachelor who died in a road accident involving a c...

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Bombay High Court Allows Appeal in Motor Accident Claim for Death of 10-Year-Old Girl, Sets Aside Contributory Negligence Finding. Court holds that a child passenger cannot be held contributorily negligent and enhances compensation under Motor Vehicles Act, 1988.

The appellants, father and siblings of the deceased Savita, a 10-year-old girl, filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeki...

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High Court of Karnataka Allows Appeal in Motor Accident Claim Case Due to Erroneous Presumption of Collusion by Tribunal. Tribunal's dismissal of claim petition based on witnesses turning hostile in criminal trial held perverse as civil and criminal proceedings have different standards of proof.

The case arises from a motor accident claim petition filed by the appellants (claimants) under Section 166 of the Motor Vehicles Act, 1988, seeking co...

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High Court of Gujarat Enhances Compensation for Injured Technician in Motor Accident Claim. Future Loss of Income Calculated Using Multiplier Method Based on 15% Permanent Disability.

The appellant, Bhavesh Shashikant Joshi, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award da...