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Search Results for "Insurer's Appeal"

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High Court

High Court of Karnataka Dismisses Corporation's Appeal and Partly Allows Claimant's Appeal in Motor Accident Claim — Negligence of Bus Driver Established by Res Ipsa Loquitur, Compensation Enhanced for Loss of Consortium and Funeral Expenses. The Court upheld the Tribunal's finding of negligence against the Tamil Nadu State Transport Corporation and enhanced compensation from Rs.5,00,000 to Rs.5,17,000 for the death of a pedestrian vegetable vendor.

25 Jan 2016

The case arises from a motor accident claim petition filed by Smt. Palaniyamma @ Muniyamma, widow of Gopal, who died in a road accident on 22.06.2007....

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case — Enhances Compensation Under Section 163-A of Motor Vehicles Act, 1988. Deceased was a gratuitous passenger in tractor used for transportation of goods; insurer liable to pay compensation despite breach of policy conditions.

25 Jul 2023

The appellant, Kanta @ Baby w/o Dilip Bawankar, filed a claim petition under Section 163-A of the Motor Vehicles Act, 1988, seeking compensation for t...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Driver's Invalid License, with Right to Recover from Owner. Third-party liability upheld under Motor Vehicles Act, 1988, applying 'pay and recover' principle.

2 Apr 2014

The case arises from a motor accident claim filed by Babulal Somani and Rukhamanibai, parents of the deceased, who died in a vehicular accident involv...

High Court

High Court of Karnataka Enhances Compensation for Advocate Injured in Road Accident — Multiplier Method Applied for Loss of Future Earnings Due to Permanent Disability. The court held that for permanent disability, the multiplier method is appropriate, and enhanced compensation from Rs.6,96,704 to Rs.27,33,296 under Section 166 of Motor Vehicles Act, 1988.

1 Mar 2024

The appellant, Smt. Jayashree, an advocate aged 43 years, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensati...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Workmen's Compensation Case — Upholds Award for Driver Injured in Auto-Rickshaw Accident. Employer-Employee Relationship Established Despite Lack of Written Contract; Insurer Liable to Pay Compensation Under Workmen's Compensation Act, 1923.

2 Jul 2021

The case involves an appeal by the United India Insurance Co. Ltd. against an award dated 08.06.2009 passed by the Labour Officer and Commissioner for...

High Court

High Court of Karnataka Allows Insurer's Appeal in Motor Accident Claim — Liability Cannot Be Fastened Without Valid Driving Licence and Without Proving Negligence. The Court held that the insurer is not liable when the driver lacks a valid licence, and the deceased's contributory negligence reduces compensation.

16 Sep 2020

The case involves an appeal by the United India Insurance Co. Ltd. against the judgment and award dated 22.07.2011 passed by the Civil Judge (Sr.Dn.) ...

High Court

Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Upholds Compensation for Injured Minor Pedestrian. The court held that the insurer failed to prove breach of policy conditions or contributory negligence, affirming the Tribunal's award under the Motor Vehicles Act, 1988.

7 Apr 2026

The case arises from a motor accident that occurred on 30th December 2009 at about 7:10 a.m. on Dr. B.A. Road, Mumbai. The claimant, Mast. Siddanth Sa...

High Court

High Court of Karnataka Enhances Compensation for Advocate Injured in Road Accident — Multiplier Applied to Future Prospects and Medical Expenses Reimbursed. Claimant's Permanent Disability Assessed at 100% for Loss of Earning Capacity Under Section 166 of Motor Vehicles Act, 1988.

1 Mar 2024

The appellant, Smt. Jayashree, an advocate by profession aged 43 years, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seek...

High Court

High Court of Karnataka Reduces Compensation in Motor Accident Claim Case Due to Contributory Negligence and Error in Income Calculation. Claimant's contributory negligence assessed at 30% and notional income reduced from Rs.12,000 to Rs.9,000 per month for a pillion rider with no proof of income.

1 Aug 2024

The case arises from a motor accident claim petition filed by the legal representatives of Supreeth S., a 24-year-old bachelor who died in a road acci...

High Court

High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Driver Proved, No Breach of Policy Conditions. The court upheld the award of Rs.6,04,000/- with 9% interest for death of a passenger in a jeep accident, rejecting the insurer's contention of contributory negligence and lack of valid driving license.

3 Mar 2026

The case arises from a motor accident claim petition filed by the legal heirs of deceased Rakeshbhai Nanjibhai, who died in a jeep accident on 16.04.2...

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