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Gujarat High Court Allows Appeal in Motor Accident Claim for Pillion Rider Injured in Tractor Collision — Tribunal's Deduction for Contributory Negligence Set Aside as No Evidence of Rider's Fault.

The appellant, Rupasangji Ravaji Thakor, was a pillion rider on a motorcycle when a tractor driven rashly and negligently dashed into the motorcycle f...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Tractor-Trolley Parked Without Lights on Highway at Night Constitutes Negligence. Deceased Motorcyclist Collided with Unlit Trolley; Tribunal's Finding of Contributory Negligence Upheld at 20%.

The appellant, HDFC Ergo General Insurance Co Ltd, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment an...

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Supreme Court Allows Claimant in Motor Vehicle Accident Case on Territorial Jurisdiction Grounds. Territorial Jurisdiction Objection Overruled as Procedural Under Section 166 of Motor Vehicles Act, 1988, Following Precedent in Malati Sardar v. National Insurance Company Ltd.

The appeal arose from a motor vehicle accident where the appellant's son died after being hit by a tractor driven recklessly by the first respondent. ...

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High Court of Karnataka Enhances Compensation in Motor Accident Claims — Apportionment of Future Prospects and Multiplier Applied Correctly. The court held that the Tribunal erred in not considering future prospects and applied a higher multiplier for loss of dependency.

The appeals arise out of a motor vehicle accident that occurred on 22.12.2012 involving a lorry bearing registration No.KA-07/AA-1234. The claimants, ...

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Supreme Court Allows State Appeal in Police Constable Dismissal Case — Reinstates Dismissal Despite Criminal Acquittal. Standard of Proof in Disciplinary Proceedings is Preponderance of Probabilities, Not Beyond Reasonable Doubt.

The appeal arises from a judgment of the Division Bench of the Rajasthan High Court which set aside the dismissal of the respondent, a police constabl...

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High Court of Karnataka Enhances Compensation in Motor Accident Claims for Death of Two Persons in Tractor-Lorry Collision. The court applied the multiplier method with future prospects and upheld the finding of contributory negligence.

The judgment arises from three appeals filed under Section 173(1) of the Motor Vehicles Act, 1988, against the common judgment and award dated 03.04.2...

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High Court of Karnataka Dismisses Insurance Appeals in Motor Accident and Workmen Compensation Cases — Upholds Awards for Injured Driver and Deceased Worker's Dependents. Insurer's Liability Affirmed Despite Alleged Policy Violations and Lack of Driving License.

This judgment involves multiple Miscellaneous First Appeals filed by insurance companies against awards of compensation under the Workmen's Compensati...

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High Court of Karnataka Dismisses Insurance Appeals in Motor Accident and Workmen Compensation Cases — Upholds Awards for Injured Driver and Deceased Victim's Dependents. Insurer's Liability Affirmed Despite Alleged Policy Violations and Lack of Driving License.

The High Court of Karnataka at Dharwad disposed of a batch of miscellaneous first appeals filed by insurance companies against awards of compensation ...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Reduces Contributory Negligence Finding Against Pillion Rider. Pillion rider cannot be attributed contributory negligence for driver's fault; insurer liable for full compensation under Motor Vehicles Act, 1988.

The appeal was filed by the original claimants, the widow and minor children of the deceased Hanumant, against the judgment and order dated 13 July 19...