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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence and Contributory Negligence Not Proved. Insurer Liable to Pay Compensation Under Section 166 of Motor Vehicles Act, 1988 as Deceased Was a Third Party and No Breach of Policy Terms Established.

The appellant, United India Insurance Co. Ltd., filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and awa...

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Gujarat High Court Allows Appeal in Motor Accident Claim Due to Sole Negligence of Truck Driver — Compensation Enhanced from Rs. 1,19,800 to Rs. 2,46,400. Claimant's Income Assessed at Rs. 3,000 per Month with 40% Future Prospects and Multiplier of 16 Under Motor Vehicles Act, 1988.

The appellant, Pathan Mohamadhasim Mustufakhan, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and a...

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High Court of Bombay at Goa Holds Motor Accident Claims Tribunal's Negligence Finding Perverse in Road Accident Compensation Appeal. Tribunal's Dismissal of Claim Overlooked Material Oral Evidence and Misinterpreted Accident Sketch, and Higher Duty of Care Applied to Tipper Truck Driver.

Background: The appeal arose from a motor accident claim where the appellant sought compensation for injuries allegedly caused by a tipper truck beari...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence. Deceased voluntarily pushed stationary truck and came under wheels; court apportions 50% contributory negligence and reduces award from Rs.1,00,000 to Rs.50,000.

The case arises from a motor accident claim filed by the widow and minor children of Madhukar Pundlik Mahalley, who died on 3rd December 1989 when he ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. The Court apportioned liability 50:50 between the car driver and the truck driver, reducing the insurer's liability from full award to 50%.

The case arises from a motor accident claim filed by the legal representatives of a deceased pillion rider. The deceased was riding pillion on a motor...

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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim Case Due to Erroneous Appreciation of Evidence on Negligence. Compensation of Rs.85,000/- awarded by Tribunal upheld but finding on negligence reversed based on preponderance of probabilities and criminal charge-sheet.

The appellant, Shridhar Anant Prabhu Gaonkar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation of Rs.2,00,000 for injur...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased was not wearing helmet and had no valid driving license, contributing to accident; insurer's liability limited to 50% under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of Rohidas Dahiphale, who died in a collision between his motorcycle and a truck....

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Supreme Court Dismisses Insurance Company's Appeal in Motor Accident Claim Case. High Court's reversal of Tribunal's contributory negligence finding upheld based on unreliable evidence from truck driver and investigating officer, fixing entire liability on truck under Motor Vehicles Act, 1988.

The dispute arose from a fatal motor accident involving a truck and a motorcycle, resulting in the death of the bike rider. The deceased's wife and mo...

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Bombay High Court Allows Appeal in Motor Accident Claim — No Fault Liability Compensation Granted Despite Unlicensed Driver. Section 140 of Motor Vehicles Act, 1988 provides interim compensation on no fault basis irrespective of driver's license status.

The appellant, Madhav Vitthal Chattekar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.5 lakhs f...

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Madras High Court Adjudicated Insurer's Appeal Against MACT's Compensation Award for Leg Amputation in Truck Accident; Insurer Argued Negligence Not Proven and Policy Coverage Limited to Driver.

The appeal arose from an award passed by the Motor Accidents Claims Tribunal, Perambalur, in M.C.O.P. No. 139 of 2018 dated May 25, 2022. The claimant...