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Search Results for "Insurer's Appeal"

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High Court

Gujarat High Court Allows Appeal in Motor Accident Claim for Amputation of Leg - Compensation Enhanced for Future Loss of Income and Pain and Suffering. Housewife's Notional Income Assessed at Rs.3,000 per Month with Multiplier of 16 for Permanent Disability.

9 Jan 2026

The appellant, Gajaraben Rameshbhai Padhiyar (Parmar), filed a first appeal before the Gujarat High Court against the judgment and award dated 23.01.2...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Workmen's Compensation Case — Cleaner's Death During Employment Covered Under Workmen's Compensation Act, 1923. Employer-Employee Relationship Established Despite Absence of Written Contract, and Insurer Liable to Pay Compensation.

28 Jun 2021

The case involves an appeal filed by The New India Assurance Co. Ltd. under Section 30(1)(a)(aa) of the Workmen's Compensation Act, 1923, challenging ...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Case — Insurance Company Held Liable for Compensation Despite Deceased Being a Passenger in Goods Vehicle. The Court interpreted Section 163-A of the Motor Vehicles Act, 1988 to hold that the insurer is liable to pay compensation under the structured formula irrespective of the nature of the vehicle or the status of the occupant.

9 Feb 2026

The case arises from a motor accident claim under Section 163-A of the Motor Vehicles Act, 1988. The appellants, being the legal heirs of the deceased...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Other Driver — Deceased Driver's Claim Not Barred by Own Negligence as Contributory Negligence Not Established. The court held that the Tribunal erred in rejecting the claim petition under Section 166 of the Motor Vehicles Act, 1988, as the accident was caused by the rash and negligent driving of the other vehicle driver who suddenly applied brakes, and there was no evidence of contributory negligence by the deceased.

9 Feb 2026

The case arises from a motor accident that occurred on 25.12.2003 when the deceased, Sureshbhai Ambalal Patel, was driving an Eicher tempo bearing reg...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Workmen Compensation Case — Heart Attack During Employment Held as Accidental Injury Arising Out of Employment. The court confirmed that a heart attack suffered by a lorry driver while driving during employment is an accidental injury under Section 3 of the Workmen's Compensation Act, 1923.

17 Dec 2018

The appeal was filed by the National Insurance Co., Ltd. challenging the judgment and award dated 13.04.2010 passed by the Labour Officer and Commissi...

High Court

High Court of Judicature at Bombay, Nagpur Bench Dismisses Insurer's Appeal in Motor Accident Claim, Upholding Compensation Awarded by Tribunal. Unexplained Delay in Filing FIR Held Not Fatal When Negligence Is Undisputed, and Treating Doctor's Permanent Disability Certificate Accepted Despite Refusal by Government Medical Board.

12 Sep 2017

This was a first appeal preferred by Bharti Axa General Insurance Company Ltd. against the award dated 17 February 2017 passed by the Motor Accident C...

High Court

Karnataka High Court Dismisses Appeal by Claimant in Motor Accident Claim Case; Biological Father Not Deemed Legal Representative of Deceased Sanyasi. Court Holds That Upon Renunciation of Worldly Ties, Religious Institution Becomes Legal Representative Under Section 166, Motor Vehicles Act, 1988, and Biological Father Lacks Standing.

20 Jul 2026

This appeal arose from a claim petition under Section 166 of the Motor Vehicles Act, 1988, filed by the biological father of a deceased Swamiji who di...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Income Assessment and Contributory Negligence Finding. Deceased was a 65-year-old business partner and commission agent; court held that income should be Rs.3,000 per month and driver was solely negligent, enhancing compensation from Rs.1,40,000 to Rs.2,30,000.

28 Aug 2023

The appeal was filed under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 16th August 2004 passed by the Motor ...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Workmen's Compensation Case — Death of Driver During Employment Course. Employer-Employee Relationship Established; Insurance Company Liable to Pay Compensation Under Workmen's Compensation Act, 1923.

8 Feb 2010

The case involves an appeal by New India Assurance Company Limited against an award passed by the Commissioner for Workmen's Compensation and Judge, L...

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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