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Search Results for "driver claimant"

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High Court

Gujarat High Court Enhances Compensation for Injured Pedestrian in Motor Accident Case, Reduces Contributory Negligence from 50% to 25%. The court held that the driver of the truck was primarily negligent and the claimant's 70% permanent partial disability warranted full loss of future prospects under Section 166 of the Motor Vehicles Act, 1988.

27 Mar 2026

The case arises from a motor accident claim where the original claimant, Prabodhakumar Behera, a pedestrian, was hit by a truck on 22.12.1996, resulti...

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 Enhancement of Compensation and Dismisses Insurance Company's Appeal in Workmen's Compensation Case — Driver Injured in Accident Entitled to Higher Compensation with Interest. The court held that the Commissioner's assessment of disability was not proper and enhanced compensation to Rs.3,50,000/- with interest at 12% per annum from the date of accident, and that the insurance company failed to prove breach of policy conditions.

24 Jul 2023

The case involves two appeals arising from a judgment dated 31.05.2012 passed by the Labour Officer and Commissioner for Workmen's Compensation, Shimo...

High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim Case Due to Arbitrary Dismissal by Tribunal — Compensation Awarded for Injuries Sustained in Jeep Accident. The Tribunal's dismissal of the claim petition under Section 166 of the Motor Vehicles Act, 1988, was set aside as arbitrary, and the matter was remanded for fresh consideration on merits.

7 Sep 2022

The appellant, Shivanand S/o Mahadev Bannur, an advocate by profession, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, befo...

High Court

High Court of Bombay at Goa Allows Appeal in Motor Accident Claim — Sets Aside MACT Dismissal for Failure to Prove Negligence. Claimant's evidence of rash driving by respondent motorcyclist found sufficient to establish negligence under Section 166 of Motor Vehicles Act, 1988.

14 Sep 2017

The appellant, Mr. Sameer S. Desai, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribun...

High Court

Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's contributory negligence assessed at 50% for sitting on the footboard of a bus, reducing insurer's liability under Motor Vehicles Act, 1988.

22 Sep 2016

The case arises from a motor accident claim where the claimant, Gulam Mohammad, sustained injuries while traveling as a passenger in a bus owned by Ka...

High Court

High Court of Karnataka Dismisses Insurance Company Appeals in Workmen Compensation and Motor Accident Cases — Upholds Awards for Injured Driver and Deceased Victim's Dependents. The court affirmed the Commissioner's finding that the driver was a workman under the Workmen's Compensation Act, 1923, and the Tribunal's computation of compensation under the Motor Vehicles Act, 1988.

5 Jan 2015

The High Court of Karnataka at Dharwad disposed of a batch of miscellaneous first appeals filed by insurance companies against awards of compensation ...

High Court

High Court of Karnataka Dismisses Insurance Appeals in Motor Accident and Workmen Compensation Cases — Upholds Awards for Injured Driver and Deceased Worker's Dependents. Insurer's Liability Affirmed Despite Alleged Policy Violations and Lack of Driving License.

5 Jan 2015

The High Court of Karnataka at Dharwad disposed of a batch of miscellaneous first appeals filed by insurance companies against awards of compensation ...

High Court

High Court of Karnataka Dismisses Insurance Appeals in Motor Accident and Workmen Compensation Cases — Upholds Awards for Injured Driver and Deceased Worker's Dependents. Insurer's Liability Affirmed Despite Alleged Policy Violations and Lack of Driving License.

5 Jan 2015

This judgment involves multiple Miscellaneous First Appeals filed by insurance companies against awards of compensation under the Workmen's Compensati...

High Court

High Court of Karnataka Dismisses Insurance Company Appeals in Workmen Compensation and Motor Accident Cases — Upholds Awards for Injured Driver and Deceased Victim's Dependents. Negligence and Employer-Employee Relationship Established; No Substantial Question of Law Raised Under Section 30(1) of Workmen's Compensation Act, 1923 and Section 173(1) of Motor Vehicles Act, 1988.

5 Jan 2015

The High Court of Karnataka at Dharwad disposed of a batch of miscellaneous first appeals filed by insurance companies against awards of compensation ...

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