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Search Results for "MACT appeals"

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Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Case, Restores Tribunal's Finding on Negligence and Enhances Compensation. Contributory negligence cannot be presumed without evidence; monthly income assessed at Rs.62,725/- based on pay slip.

28 Feb 2025

The present appeals arise from a motor accident claim where the deceased, Boobalan, aged 38, died in a collision with a BMTC bus on 6 June 2016. The d...

High Court

High Court of Karnataka Dismisses Owner's Appeal and Partly Allows Claimants' Appeal in Motor Accident Compensation Case — Liability Fastened on Owner for Driving Without Valid License. The court held that the owner is vicariously liable for the driver's negligence and must pay compensation when the driver lacks a valid license, and enhanced compensation by applying correct multiplier and future prospects.

7 Jul 2023

The case arises from a motor accident that occurred on 20.12.2012 involving a lorry bearing registration No. KA-29/9168 owned by The Andhra Oxygen Pvt...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Injured Claimants. The court held that the insurer is liable to pay compensation to third-party victims even if the driver did not possess a valid driving license, as the insurer can recover the amount from the owner.

31 Jan 2022

The case involves two appeals filed by United India Insurance Company Limited against the judgment and award dated 19.03.2010 passed by the District J...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claims — Apportionment of Negligence and Quantum of Compensation Reassessed. The court held the car driver solely negligent and enhanced compensation for injuries and death.

17 Dec 2018

The judgment arises from four appeals filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 13.12.2013 pass...

High Court

High Court of Karnataka Allows Appeals in Motor Vehicle Accident Cases — Tribunal Erred in Returning Claim Petitions for Lack of Jurisdiction. Jurisdiction under Section 166(2) of Motor Vehicles Act, 1988 is determined by claimant's choice of place of residence or business, not by accident location.

17 Jul 2018

The judgment pertains to two Miscellaneous First Appeals filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award da...

High Court

High Court of Karnataka Allows Insurance Companies' Appeals in Motor Vehicle Accident Case — Insurers Exonerated from Liability Due to Violation of Policy Conditions. Claimant's Appeal for Enhanced Compensation Dismissed.

23 Apr 2016

The case involves three appeals arising from a motor vehicle accident that occurred on 18.08.2012. The claimant, Durgappa, sustained injuries while tr...

High Court

High Court of Karnataka Allows Insurance Companies' Appeals in Motor Vehicle Accident Case — Insurers Liable to Pay Compensation with Right of Recovery Against Owner and Driver for Breach of Policy Conditions. The driver did not have a valid driving licence for a transport vehicle, but the court applied the 'pay and recover' principle under Section 149 of the Motor Vehicles Act, 1988.

23 Apr 2016

The case involves three appeals arising from a motor vehicle accident that occurred on 17.08.2012. The claimant, Durgappa, was a pillion rider on a mo...

High Court

High Court of Karnataka Allows Appeal by School Principal in Motor Vehicle Accident Claim — Reduces Compensation Due to Contributory Negligence. Pedestrian crossing road without care held 50% contributorily negligent, reducing liability of vehicle owner and insurer under Motor Vehicles Act, 1988.

14 Feb 2013

The case arises from a motor vehicle accident claim. The appellant, Principal of St. Mary's Convent, owned a vehicle involved in an accident with a pe...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal Alleging Vehicle Planting in Motor Accident Claim, Partially Allows Claimant's Appeal for Enhanced Compensation. The Court held that mere suspicion of vehicle planting without evidence cannot absolve the insurer, and enhanced compensation by applying a higher notional income and future prospects under Motor Vehicles Act, 1988.

30 Jan 2013

The case involves two appeals arising from a motor accident claim petition (MVC No.7322/2007) before the Motor Accidents Claims Tribunal (MACT), Banga...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal and Partly Allows Claimant's Appeal in Motor Accident Claim — Vehicle Planting Allegation Not Proven, Compensation Enhanced. The Court held that mere suspicion of vehicle planting without evidence cannot absolve the Insurance Company of liability under the Motor Vehicles Act, 1988, and enhanced compensation for injuries.

30 Jan 2013

The case involves two appeals arising from a motor accident claim petition (MVC No.7322/2007) before the Motor Accidents Claims Tribunal (MACT), Banga...

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