Search Results for "Section 163-A"

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Search Results for "Section 163-A"

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High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim Under Section 163A — Negligence Apportionment Impermissible in No-Fault Liability Regime. The court held that in a claim under Section 163A of the Motor Vehicles Act, 1988, the Tribunal cannot apportion negligence or deduct compensation on account of contributory negligence, as it is a no-fault liability provision.

5 Feb 2026

The appellants, original claimants, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 2...

High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim Case Due to Tribunal's Failure to Consider Evidence — Claimants Entitled to Compensation Under Section 163A of Motor Vehicles Act, 1988. The Court held that under Section 163A, the claimant need not prove negligence, and the Tribunal erred in dismissing the claim on the ground that the offending vehicle was not identified.

12 Jan 2026

The present appeal was filed by the original claimants, being the wife, major children, and parents of the deceased Shantilal Kalabhai Garasia, a Poli...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Claimant as Driver-cum-Owner Not Entitled to Compensation Under Section 163-A of Motor Vehicles Act, 1988. The court held that a claimant who is the driver-cum-owner of the offending vehicle cannot maintain a claim petition under Section 163-A of the Motor Vehicles Act, 1988, as the provision is intended for third parties and not for the owner/driver of the vehicle involved in the accident.

23 Jan 2023

The present appeal was filed by the Oriental Insurance Company Ltd. challenging the judgment and award dated 11.09.2014 passed by the Principal Senior...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's Deceased Was Driving Without Valid License and Was Negligent, Reducing Insurer's Liability Under Section 163A of Motor Vehicles Act, 1988.

30 Sep 2022

The appeal arises out of a judgment and award dated 06-08-2009 passed by the Additional MACT, Srirangapatna, in MVC No.848/2003, whereby the petition ...

High Court

High Court of Judicature at Bombay Allows Appeal in Motor Accident Claim Case — Deceased Driver's Income Exceeds Threshold Under Section 163A of Motor Vehicles Act, 1988. Claim Under Section 163A Not Maintainable as Deceased's Annual Income Exceeded Rs.40,000/- Limit Prescribed Under Second Schedule.

21 Jul 2022

The appellants, legal heirs of deceased Kailas Vithal Nanaware, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988 before the M...

High Court

Bombay High Court Allows Enhancement of Compensation in Motor Accident Claim by Treating Petition Under Section 166 Instead of Section 163A of Motor Vehicles Act, 1988. Claimants entitled to just compensation based on actual income and future prospects, not structured formula.

6 Dec 2021

The appellants, being the widow, minor children, and father of the deceased Diwakar Pawade, filed a claim petition under Section 166 of the Motor Vehi...

High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim — Dog on Road Constitutes 'Act of God' Not Negligence. Claimant's Wife Died After Motorcycle Fell Due to Sudden Appearance of Dog; Tribunal Erred in Holding Claimant as Owner of Borrowed Vehicle Under Section 163A of Motor Vehicles Act, 1988.

11 Feb 2021

The appellant, Shri Vithal, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988, seeking compensation for the death of his wife ...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Tribunal Cannot Suo Moto Convert Application Under Section 166 to Section 163(A) of Motor Vehicles Act, 1988. Claimants Who Availed Interim Benefit Under Section 140 Are Not Entitled to Final Compensation Under Section 163(A) Without Proper Application.

19 Jun 2017

The appeal was filed by The Oriental Insurance Co. Ltd. against the order of the Motor Accident Claims Tribunal, Akot, in Claim Petition No. 77/2005. ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Rejection of Petition Under Section 163A MV Act — Claimants Entitled to Compensation as Per Structured Formula Despite Alleged Contributory Negligence.

5 Dec 2015

The appellants, Ashabai, Seema, and Umesh, are the legal representatives of the deceased Kalyan Kothi. They filed a claim petition under Section 163A ...

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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