Gujarat High Court
LEGAL SUBJECT
Insurance Law
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Karnataka High Court
Insurers must satisfy the award, with recovery rights against owners for unlicensed driving.
The appellants, the deceased’s parents, challenged the award in MVC No. 2099/2015, which granted ₹13,51,000 with 9% annual interest for the death of their 24-year-old son in a 2014 motor-vehicle accident.2 MIN READ↗
Karnataka High Court
Unchallenged salary records may establish income in motor accident claims despite non-examination of their author.
The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal in MVC No. 5904/2011.2 MIN READ↗
Karnataka High Court
A licence violation does not absolve the insurer when it has no causal connection to the accident.
Kumar claimed that he was employed as a lorry driver and was injured when a train struck the lorry he was driving across a level crossing. He sustained fractures to both femurs and sought compensation under the Workme...2 MIN READ↗
Karnataka High Court
A 9% interest award is reasonable in motor accident death claims.
On 13 February 2016, an autorickshaw collided with a motorcycle, causing the motorcycle rider’s death.2 MIN READ↗
Karnataka High Court
A tractor insurer remains liable when the tractor itself, rather than its attachment, causes the accident.
On 9 February 2015, Mithun V., then aged 21, was riding a motorcycle when it collided with a tractor attached to a water tanker.3 MIN READ↗
Karnataka High Court
For injured minors, compensation must use skilled-worker minimum wages, multiplier 18, and applicable future prospects.
The appellant, an eight-year-old boy, was struck by an insured car while playing outside his home on 1 November 2016.2 MIN READ↗
Karnataka High Court
A missing route permit breaches policy conditions, but the insurer must pay third-party compensation and recover from the owner.
The claimant, Ravi, sustained injuries while riding a motorcycle in a collision with a private bus near Nanjangud on 14 July 2017.2 MIN READ↗
Delhi High Court
Section 147 covers a goods owner travelling with goods; such occupant is not a gratuitous passenger.
On 19 June 2007, a goods vehicle carrying vegetables overturned after striking a central divider, injuring the claimant and other occupants.2 MIN READ↗
Gujarat High Court
A deceased migrant worker’s income may be assessed by adding personal expenditure equal to proven annual remittances.
A motorcycle–car accident on 27 November 1985 caused the death of Narshibhai Patel, aged about 27. The Tribunal found the car driver solely negligent and awarded the claimants Rs. 7,42,000, assessing the deceased’s an...2 MIN READ↗
Gujarat High Court
Sketchy accident evidence justified equal apportionment of negligence between both drivers.
On 14 December 1997, a car and a truck collided. The car’s owner-driver was seriously injured, and his wife, son, and another occupant, Purshottambhai, died2 MIN READ↗
Karnataka High Court
Karnataka High Court raises compensation to ₹29.47 lakh for teenager left paralysed in lorry accident
On 5 July 2017, the appellant was injured when a lorry driven by respondent No. 1 struck a parked lorry beside which the appellant was standing.2 MIN READ↗
Karnataka High Court
Lack of valid registration or permit alone does not absolve an insurer of third-party liability.
On 22 May 2014, Akhanbasha was a pillion rider on a motorcycle involved in a head-on collision with another motorcycle.2 MIN READ↗
Karnataka High Court
A sole-tortfeasor motorcycle rider cannot claim compensation under Section 163A.
On 10 February 2020, Manjunath Basappa Buchadi was riding a motorcycle with Somesh Basappa Dhavale as pillion passenger when the motorcycle went off the road; both sustained injuries.2 MIN READ↗
Karnataka High Court
A deceased minor’s income may be assessed using notified minimum wages, with future prospects added.
On 12 June 2022, a tractor-trailer collided with a motorcycle ridden by the deceased, a student whom the claimants described as 15 years old.2 MIN READ↗
Karnataka High Court
A borrowing rider is not a third party and cannot claim compensation under Section 163-A.
The claimants—the deceased Muttappa Uppar’s wife, two minor daughters and mother—sought compensation under Section 163-A of the Motor Vehicles Act, 1988, after Muttappa died in a road accident while riding a motorcycl...2 MIN READ↗
Karnataka High Court
Intoxication and carrying two pillion riders do not establish contributory negligence without proof.
On 26 June 2022, a car allegedly struck a motorcycle from behind on NH-4 near Venkatapur village.2 MIN READ↗
Karnataka High Court
A victim suffering grievous hurt is entitled to ₹2.5 lakh compensation under amended Section 164.
On 3 March 2022, Yamanappa Ningappa Uddappagol was riding a motorcycle when he braked to avoid a dog, lost control, and sustained multiple fractures.2 MIN READ↗
Karnataka High Court
Failure to prove negligence with material evidence defeats a claim for enhanced motor-accident compensation.
The appellant, a pillion rider, claimed that she was injured when the motorcycle driven by her husband lost control on 2 June 2015.2 MIN READ↗
Karnataka High Court
Triple riding alone does not establish contributory negligence absent a causal link to the accident.
Mailari, a pillion rider on a motorcycle, sustained grievous injuries in a collision with a truck on 20 April 2014; the motorcycle’s rider died.2 MIN READ↗
Karnataka High Court
For 2021 accident claims, courts should apply Karnataka’s ₹14,250 monthly notional-income benchmark.
On 7 September 2021, Shivappa was injured while travelling as a pillion rider on a motorcycle that collided with a Mahindra Jeep driven by respondent No. 1.2 MIN READ↗
Karnataka High Court
Whole-body disability must reflect functional impact and occupation, not a mechanical one-third conversion of limb impairment.
Ashok sought compensation for injuries sustained when a lorry struck him on 4 March 2023.3 MIN READ↗
Karnataka High Court
Whole-body disability must reflect functional impact on earning capacity, not mechanical limb-disability conversion.
Mahadev was injured when the offending vehicle struck him from behind while he was walking to his agricultural land.3 MIN READ↗
Gujarat High Court
A gainfully employed father is excluded from dependency counts, warranting a one-third deduction for personal expenses.
On 27 May 2016, a collision between a motorcycle and a truck resulted in the death of the motorcycle’s driver, an Assistant Engineer aged 32.2 MIN READ↗
Delhi High Court
The insurer must prove specific negligence; collision alone cannot establish contributory negligence.
On 9 December 2014, Sushev Kumar was travelling as an occupant in a car when a truck allegedly ran a red light at Tolstoy Marg and struck the car, dragging it approximately 15 metres.2 MIN READ↗
Delhi High Court
Contributory negligence requires cogent proof that the victim’s conduct causally contributed to the accident.
On 5 May 2015, 17-year-old Sagar Sharma, a matriculate student, was struck by a Tata 909 truck while standing near a parked scooter and later died from his injuries2 MIN READ↗
Madhya Pradesh High Court
A motor accident claim may be rejected where unexplained delay and witness conduct indicate vehicle implantation.
The appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenged a Motor Accident Claims Tribunal award in favour of the claimants, on the ground that the insured vehicle had been falsely implicated.2 MIN READ↗
Delhi High Court
Teen requiring lifelong catheterisation after crash gets ₹8.69 lakh more in compensation
The appellant was 13 years old when he sustained pelvic and urethral injuries in a motor accident.2 MIN READ↗
Karnataka High Court
A deceased student’s notional income may include 40% future prospects when calculating loss of dependency.
On 25 August 2018, 17-year-old Sai Bharath Chandan, a II PUC student, was killed when a tipper lorry collided with the motorcycle he was riding.2 MIN READ↗
Supreme Court
Motor accident compensation must reflect functional disability, not merely medically certified impairment.
Two claimants were injured in a scooter collision on 22 October 2016. Sunil Kumar, then aged 43 and a pillion rider, suffered severe head and other injuries; Sreejith K.S., then aged 22 and the scooter’s driver, suffe...2 MIN READ↗No articles match these filters.