Search Results for "joint tort-feasors"

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Search Results for "joint tort-feasors"

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High Court

Madras High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lower Income Assessment. The Court apportioned 50% liability on the car driver for overtaking without caution and reduced the deceased's monthly income from Rs.25,000 to Rs.15,000, modifying the award from Rs.28,20,000 to Rs.16,20,000.

5 Jun 2026

The case arises from a motor accident on 28.07.2017 when the deceased Vincent Raj was a passenger in a Maruti Alto car (TN 74 V 7180) driven by R.Vith...

High Court

Madras High Court Partially Allows Insurance Company's Appeal and Dismisses Claimants' Cross-Objection in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. The court upheld the Tribunal's finding of 50% contributory negligence but reduced the notional income and set aside future prospects, resulting in a reduced award of Rs. 13,76,000/-.

5 Feb 2026

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, a 55-year-old vegetable vendor, who died in a...

High Court

High Court of Karnataka Dismisses Insurance Company's Petition Challenging Tribunal's Refusal to Implead Additional Witnesses in Motor Accident Claim — No Jurisdictional Error Found in Tribunal's Discretionary Order. The Court held that the Tribunal's decision to reject impleadment of proposed respondents as unnecessary parties does not warrant interference under Article 227 of the Constitution of India.

22 Apr 2025

The judgment pertains to two writ petitions filed by the Manager of ICICI Lombard General Insurance Company Limited under Article 227 of the Constitut...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim for Pillion Rider Death - Notional Income Enhanced to Rs.6,000 per Month with Future Prospects. The Court held that even without income proof, notional income should be assessed reasonably and future prospects added for self-employed persons under Section 166 of Motor Vehicles Act, 1988.

17 Jul 2023

The appellants, original claimants, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, aggrieved by the judgment and award dated 22.8....

High Court

Bombay High Court Upholds Insurance Company's Liability in Motor Accident Claim — Composite Negligence Established. National Insurance Company held liable to pay compensation as insurer of the Tempo Trax, despite the accident being caused by a bus, due to composite negligence of both drivers.

5 Jun 2023

The appellant, National Insurance Company Limited, challenged the judgment and award dated 6.12.2006 passed by the Motor Accident Claims Tribunal at G...

High Court

Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Upholds Compensation for Deaths of Jeep Occupants. Insurer's Defense of Breach of Policy Conditions Fails as No Evidence of Willful Violation or Vehicle Use Beyond Permitted Purpose Was Established.

10 Dec 2021

The New India Assurance Company Limited filed four First Appeals under Section 173 of the Motor Vehicles Act, 1988, challenging separate judgments of ...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Multiplier Applied Based on Deceased's Age and Income. The court held that the Tribunal erred in applying multiplier 13 instead of 14 and added 30% future prospects to notional income under Section 166 of Motor Vehicles Act, 1988.

9 Jul 2021

The appeal arises from a judgment and award dated 06.07.2013 passed by the XXIII Additional Small Cause Judge and XXI ACMM, MACT, Bengaluru, in MVC No...

High Court

Bombay High Court Upholds Compensation Award in Motor Accident Case — Insurance Company Liable for Negligent Parking of Vehicle. Truck parked without indication on highway causing accident; insurer held jointly liable with owner for compensation under Motor Vehicles Act, 1988.

26 Jun 2020

The case arises from a motor accident that occurred on 13th March 2009, when the respondent no.1, a minor aged 10 years, was traveling in a Tata Magic...

High Court

High Court of Karnataka Dismisses Appeals by BMTC and Insurance Company in Motor Accident Claim — No Negligence by BMTC Driver Established. The court upheld the Tribunal's finding that the tipper lorry driver was solely negligent, and the compensation of Rs.25,000/- with interest was just and proper.

29 Feb 2016

The case arises from a motor accident that occurred on 19.08.2012 involving a BMTC bus (KA-01-F-4447) and a tipper lorry (AP-07-U-8783). The claimant,...

Supreme Court

Supreme Court Allows Appeal in Tort Conspiracy Suit; Holds High Court Exceeded Jurisdiction in Revision. Release of One Joint Tort-feasor Not Validly Decided by High Court in Revision from Court-Fee Order.

27 Nov 1968

The dispute arose from a suit for damages filed by the plaintiffs, who were members of an association, against the defendants, also members, alleging ...

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