Chhattisgarh High Court
LEGAL SUBJECT
Insurance Law
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Gujarat High Court
Section 164’s beneficial fixed-compensation regime applies retrospectively to pre-amendment motor accidents.
On 22 February 2005, the claimant was travelling in Truck No. GJ-7-X-3237, loaded with iron rods and proceeding from Bhavnagar to Surat. Near Palej, the truck’s front tyre suddenly burst and the truck collided with Tr...3 MIN READ↗
Calcutta High Court
Future prospects must be added at 40% when computing compensation for a deceased contractual worker.
On 23 September 2018, the deceased was travelling in an autorickshaw on the Rampurhat–Suri Pucca Road when a truck bearing registration no. WB-65B-3277, allegedly driven rashly and negligently, collided with the autor...3 MIN READ↗
Chhattisgarh High Court
Unchallenged eyewitness testimony, corroborated by the charge-sheet, establishes the offending vehicle’s negligence.
On 29 July 2023, Rajju Sahu was working in a field when tractor No. CG-04-NJ-6469 was allegedly driven rashly and negligently by Pradeep Kumar Sahu.3 MIN READ↗
Chhattisgarh High Court
Section 164 does not cover a deceased rider who steps into the vehicle owner’s shoes.
On 15 November 2021, Mahendra Gilahare, aged approximately 29 years, was riding motorcycle No. CG-04-NF-2774 when a cow allegedly came onto the road near Bauji Dhaba, causing the motorcycle to collide with it. Mahendr...3 MIN READ↗
Gujarat High Court
A police summary report alone cannot enhance a deceased rider’s contributory negligence without corroborating evidence.
On 12 July 2016, a collision occurred between a Maruti Swift car and a motorcycle, resulting in the death of Dilipbhai Mehbabhai Damor, a primary-school teacher aged approximately 45–46 years.3 MIN READ↗
Madras High Court
Medical Board-certified 100% functional disability justifies multiplier-based compensation for a claimant rendered vegetative.
On 18 December 2017, R. Sureshkumar was riding his motorcycle on Chinthamanipudur Bypass Road when a car, allegedly driven rashly and negligently by the first respondent, collided with his motorcycle, causing him to f...3 MIN READ↗
Madras High Court
Triple riding alone does not establish contributory negligence absent proof that it caused the accident.
On 30 June 2015, Mathankumar was riding a motorcycle bearing Registration No. TN-48-AX-1081 on the Trichy–Salem Main Road, with Nagarajan and Muruganandam as pillion riders. Near Padhanithoppu, a lorry bearing Registr...4 MIN READ↗
Gujarat High Court
A police charge-sheet constitutes prima facie proof of negligence; absent contrary evidence, the car driver bears sole liability.
On 16 September 2000, a motorcycle collided with a car, resulting in the death of the motorcycle rider, an Assistant Teacher aged approximately 35–36 years. The car was insured, and the insurer’s liability to satisfy...2 MIN READ↗
Gujarat High Court
Severe cognitive impairment warrants assessment of functional disability at 70% for loss-of-earning-capacity compensation.
On 15 February 2010, a motorcycle collided with the claimant, causing grievous injuries. The motorcycle was insured, and the insurer’s liability to pay compensation was not disputed.3 MIN READ↗
Gujarat High Court
Pleadings alone cannot establish breach of a driving-licence condition without supporting evidence from the insurer.
Deepakkumar Babuji Sajiya, aged 27 years and employed as a Junior Assistant with UGVCL, was riding motorcycle No. GJ-8-L-8043 towards Ambaji on 16 August 2014 when a jeep bearing No. GJ-8-AE-4087, allegedly driven ras...3 MIN READ↗
Gujarat High Court
Loss of consortium must be awarded separately to each eligible claimant in fatal motor accident claims.
On 30 June 1994, deceased Vithalbhai Parmar was travelling as a pillion rider on a scooter from Sinhjiwada to Matar. The scooter, driven by his friend Babarbhai, was allegedly hit by a truck driven rashly and negligen...3 MIN READ↗
Gujarat High Court
Insurer must pay compensation first and recover it from the owner despite the driver’s invalid licence.
On 13 January 2023, Mustakkhan Zahirkhan Patha was travelling on a motorcycle when a dumper owned by Indore Auto Engineering, allegedly driven rashly and negligently by Opponent No. 1, collided with the motorcycle, ca...3 MIN READ↗
Gujarat High Court
Negligence of the deceased cannot defeat compensation claims under Section 164 of the Motor Vehicles Act.
On 17 November 2020, at approximately 11:00–11:30 a.m., the deceased was riding a motorcycle when it collided with the rear portion of a stationary Innova car bearing registration No. GJ-23-M-2052. The deceased sustai...3 MIN READ↗
Gujarat High Court
Motor accident compensation enhanced by awarding consortium to each dependent and standardized conventional damages.
The claimants challenged the judgment and award dated 11 May 2018 passed by the Motor Accident Claims Tribunal, Lunawada, in Motor Accident Claim Petition No. 124 of 2017, seeking enhancement of compensation awarded f...3 MIN READ↗
Gujarat High Court
Dumper insurer bears entire liability where motorcycle rider’s negligence remains unproved in a pillion rider’s death.
On 20 December 2007, a dumper truck collided with a motorcycle on which the deceased, Farsuram Bhavsar, aged 56 years and employed as a Manager with ABG Shipyard, was travelling as a pillion rider. He died in the acci...3 MIN READ↗
Gujarat High Court
An insurer cannot avoid liability on a gratuitous-passenger defence without cogent evidence.
Kusumben Kishorbhai Shethia travelled in a rickshaw bearing registration No. GJ-12-T-6901 from Gundala towards Mundra on 26 April 1999. The rickshaw collided with another Chhakda rickshaw, registration No. GJ-12-T-756...3 MIN READ↗
Gujarat High Court
A tailor’s below-knee amputation constituted 100% functional disability for loss-of-earning-capacity compensation.
On 19 March 2003, the claimant, aged 23 years, was travelling as a pillion rider on a motorcycle driven by his brother when a scooter allegedly driven rashly and negligently collided with it at Anjar. The claimant suf...3 MIN READ↗
Punjab and Haryana High Court
Carrying fare-paying passengers in a privately insured jeep constitutes fundamental breach, absolving the insurer from indemnity.
The three appeals arose from the same motor accident dated 15 December 2001 involving jeep No. HR-08-3278, owned by Kulbir Singh and insured with The New India Insurance Company Limited.4 MIN READ↗
Patna High Court
Insurance claim repudiation cannot rest on unproved suppression or identity discrepancies.
Saurav Kumar Sharma was insured under three Jeevan Anand policies issued by the Life Insurance Corporation of India (LIC), each for ₹5,00,000.3 MIN READ↗
Punjab and Haryana High Court
Bona fide licence verification by the owner defeats the insurer’s Section 149(2) recovery claim.
On the night of 24/25 August 2009, five members of one family were travelling from Kathua to Haridwar in a Santro car carrying ashes for last rites. Near Mandi Gobindgarh, at about 3:00 a.m., the car collided with a t...4 MIN READ↗
Bombay High Court
A brother’s capacity to earn does not negate proven dependency on the deceased’s income.
On 26 July 1999, Rangarao, who was travelling on a scooter, died after being hit by a bus insured with United India Insurance Co. Ltd.3 MIN READ↗
Madras High Court
Insurer is liable where the insured auto driver’s negligence is established and no policy violation is proved.
On 16 January 2016, Nagu was travelling as a passenger in an auto-rickshaw bearing registration No. TN 73 B 5762, travelling from Arcot towards Kalavai. The auto collided head-on with a tanker lorry bearing registrati...3 MIN READ↗
Chhattisgarh High Court
Insurer cannot avoid compensation liability without proving policy breach or contributory negligence.
On 27 August 2018, Biralsaya Lakra was travelling on a motorcycle from village Ladua towards Rajpur when it collided with another motorcycle bearing registration No. CG-15-DF-6547, allegedly driven rashly and negligen...3 MIN READ↗
Gauhati High Court
Permanent physical disability does not establish loss of earning capacity without proof of functional disability.
On 22.10.2007, the claimant, Shyamal Kumar Dey, was allegedly hit from behind by vehicle No. NL-02-D-3633 while he was near Tinkonia, Kali Mandir, Tinsukia. His right hand was seriously injured when it came under the...4 MIN READ↗
Bombay High Court
Permanent disability compensation must reflect functional loss and be computed using the multiplier method.
The appellant was riding a motorcycle from Pune towards Manchar on 25 May 2002 when it was hit by a truck owned by Respondent No. 1 and insured by United India Insurance Company Ltd.3 MIN READ↗
Punjab and Haryana High Court
Unproved DDR contents cannot establish policy violation or defeat insurer’s liability.
Sukhbir Singh, aged approximately 35–36 years, was allegedly employed as a driver by respondent No. 4, Ashok Sikka, earning Rs. 6,000 per month along with Rs. 50 per day as diet money. On 30 May 2012, he travelled to...3 MIN READ↗
Calcutta High Court
Calcutta High Court directs insurer to pay accident victims despite cancelled policy, urges scheme for uninsured vehicles
On 25 June 2005, Sunita @ Mita Saha was proceeding near Uttam Laminates Factory when motorcycle no. WB-20J-9855 allegedly dashed against her, causing her instantaneous death.4 MIN READ↗
Delhi High Court
Continued employment does not bar compensation for diminished future earning capacity after retirement.
The claimant, Rakesh Surtan, aged 29 years, sustained grievous injuries in a motor accident on 15 July 2011, including fractures of both bones of the left leg, resulting in 16% permanent disability of the left lower l...3 MIN READ↗
Chhattisgarh High Court
Compensation for pain, suffering, and future treatment may be enhanced where medical evidence establishes grievous injuries and continuing needs.
On 28 June 2019, the appellant, Vinay Yadav, was travelling as a pillion rider on a motorcycle when the motorcycle allegedly collided with motorcycle No. C.G.-10-AL-1049, driven by respondent No. 1 in a rash and negli...3 MIN READ↗No articles match these filters.