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High Court

Bombay High Court Dismisses Appeal by ST Corporation in Motor Accident Claim — Negligence of Bus Driver Upheld. Compensation of Rs 8,27,600 for Death of Primary Teacher in Bus-Jeep Collision Not Excessive.

12 Jul 2013

The appeal was filed by the Maharashtra State Road Transport Corporation against the judgment and award dated 27-06-2003 passed by the Motor Accident ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case — Appellant Not Liable as Deceased Was Not His Employee. Employer-Employee Relationship Not Established Under Motor Vehicles Act, 1988 Section 166.

19 Jul 2013

The case arises from a motor accident claim petition filed by the legal representatives of deceased Vitthal Korde, who died in a road accident on 21/1...

High Court

High Court of Bombay at Nagpur Upholds Compensation Award in Motor Accident Claim — Future Income Considered for Apprentice Deceased. The court affirmed the Tribunal's decision to consider the deceased's future salary after apprenticeship, given his qualifications and prospects, under Section 166 of the Motor Vehicles Act, 1988.

23 Aug 2013

The case involves an appeal by the United India Insurance Company Limited against the judgment and award dated 24th March 2005 passed by the Motor Acc...

High Court

High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Insurer Directed to Pay Compensation and Recover from Owner for Breach of Policy Condition. Pillion Rider Death Due to Negligent Driving by Owner-Rider; Insurance Company Not Liable to Indemnify as Owner Was Riding Without Valid Driving Licence.

22 Aug 2013

The appeal was filed by The New India Assurance Co. Ltd. against the judgment and award dated 19/03/2010 passed by the Motor Accident Claims Tribunal,...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Driver — Tribunal Erred in Apportioning Contributory Negligence Without Evidence. The court held that in the absence of evidence, the entire negligence must be attributed to the driver of the offending vehicle and enhanced compensation by applying correct multiplier and future prospects under Section 166 of the Motor Vehicles Act, 1988.

30 Nov -0001

The present appeal arises from a judgment and award dated 30th April 2007 passed by the Motor Accident Claims Tribunal, South Goa, in Claim Petition N...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income. Claimants failed to establish deceased's income as a Chartered Accountant, leading to reassessment of compensation under Motor Vehicles Act, 1988.

22 Jan 2014

The case involves a first appeal filed by New India Assurance Co. Ltd. against the judgment and award of the Motor Accident Claims Tribunal, Nanded, i...

High Court

Bombay High Court Allows Appeal and Enhances Compensation in Motor Accident Claim Case — Deceased's Income Assessed at Rs. 4,500 per Month with 40% Future Prospects and Multiplier of 16 Applied Under Motor Vehicles Act, 1988. The court held that the Tribunal's assessment of income at Rs. 3,000 per month was low and that future prospects, appropriate multiplier, and conventional heads must be granted as per settled law.

30 Nov -0001

The appellants, being the widow and minor children of Shaikh Yousuf (deceased), filed a claim petition under Section 166 of the Motor Vehicles Act, 19...

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...

High Court

Bombay High Court Allows Appeal by Zilla Parishad in Motor Accident Claim — Employer Not Vicariously Liable for Driver's Negligence When Vehicle Was Used Without Authorization. Driver's Act of Taking Vehicle Home Without Permission Constituted a Frolic of His Own, Not in Course of Employment Under Motor Vehicles Act, 1988.

30 Nov -0001

The case arises from a motor accident claim filed by the widow and minor children of Ashok Puri, who died in a collision with a jeep owned by the Zill...

High Court

Bombay High Court Dismisses Appeals by Owner and Insurance Company in Motor Accident Claim — Negligence of Driver Established. Compensation of Rs. 9,50,180/- Upheld Under Section 166 of Motor Vehicle Act, 1988 as Insurance Company Failed to Prove Breach of Policy Conditions.

15 Jul 2014

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicle Act, 1988 by the legal representatives of the deceas...

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