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Bombay High Court Quashes MACT Award Due to Lack of Proper Representation in Lok Adalat Settlement — Matter Remanded for Fresh Adjudication. Insurance Company Not Duly Represented at Settlement Before Lok Nyayalaya, Rendering the Award Invalid Under Motor Vehicles Act, 1988.

The New India Assurance Company Limited filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and order dat...

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High Court of Bombay at Aurangabad Allows Correction of Clerical Error in MACT Judgment — Mistake in Identifying Driver as Owner of Vehicle. Section 166 Motor Vehicles Act, 1988 — Tribunal's refusal to correct error set aside; liability shifted to insurance company.

The petitioners, original respondent Nos. 1 and 2 in a Motor Accident Claim Petition, challenged an order of the Motor Accident Claims Tribunal dated ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim, Upholds Compensation Award. Settlement induced by fear of delayed justice is not voluntary and cannot be accepted.

The case arises from a motor accident claim where the deceased, Atish Ramesh Kamble, a 25-year-old bachelor employed as a lecturer earning Rs.24,800 p...

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Bombay High Court Allows Appeal in Motor Accident Claim, Reduces Contributory Negligence of Deceased from 60% to 40%. Compensation Enhanced from Rs.92,000 to Rs.1,72,400 with 9% Interest.

The appellants, being the widow, children, and father of the deceased Ramesh Pagar, filed a claim petition under Section 166 of the Motor Vehicles Act...

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High Court of Gujarat Enhances Compensation for Injured Truck Cleaner in Motor Accident Claim — Functional Disability Assessed at 100% Due to Amputation of Both Legs. Notional Income Fixed at Rs. 8,000 Per Month for Computing Future Loss of Income Under Motor Vehicles Act, 1988.

The appellant, Sanjaybhai Somabhai Tadvi, was a cleaner/conductor on an Eicher truck. On 02.01.2016, the truck driven rashly and negligently collided ...

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High Court of Karnataka Dismisses Appeal by School Head Master in Workmen's Compensation Case — Employer-Employee Relationship Established. Commissioner's Award of Rs.5,38,200/- with 12% Interest Upheld as Deceased Driver Was Under Control and Supervision of School.

The appellant, the Head Master of Balmi Primary School, filed an appeal under Section 30(1) of the Workmen's Compensation Act, 1923, against the judgm...

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High Court of Karnataka Partly Allows BMTC Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased Motorcyclist. Liability Apportioned Equally Between BMTC and Deceased, Compensation Reduced to Rs.39,55,000/- with 6% Interest.

The appeal was filed by the Bangalore Metropolitan Transport Corporation (BMTC) challenging the judgment and award dated 17.09.2016 passed by the IX A...

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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...