Delhi High Court
LEGAL SUBJECT
Insurance Law
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Delhi High Court
An insurer’s investigator report alone cannot establish wilful breach or justify recovery rights for a fake licence.
On 9 September 2009 at about 10:00 p.m., the deceased, aged 21 years, was riding a bicycle when he was hit from behind by an RTV vehicle. He sustained grievous injuries and subsequently died at GTB Hospital.3 MIN READ↗
Delhi High Court
Motor accident compensation must apply the multiplier based on the deceased’s age, not the mother’s age.
On 14 July 2015 at approximately 5:20 p.m., the deceased, Sakib, aged 20 years, was travelling by motorcycle from Noida to Delhi with Vikar Ahmad when a DTC bus bearing registration no. DL-IPC-8903 struck the motorcyc...3 MIN READ↗
Delhi High Court
Functional disability must reflect occupational earning loss, not mechanically halve limb disability.
The appellant, Kuldeep, sustained injuries in a motor accident in 2011 and suffered permanent disability assessed at 50% in relation to his left upper limb.3 MIN READ↗
Delhi High Court
Commercial fleet owners owe heightened diligence in verifying licences; fake licences justify insurers’ recovery rights.
On 17 January 2012, respondent no. 3 was cycling near J&K Bus Stop, Dilshad Garden, when goods carrier truck No. DL-1-GB-3815, owned by the appellant and driven by respondent no. 2, hit him from behind, causing injuries.4 MIN READ↗
Delhi High Court
Multiplier for loss of dependency must be based on the deceased’s age, not the dependent parent’s age.
On 15 November 2006, truck bearing registration no. HR-37B-6085 (“truck no. 1”), driven by Ram Lalitha Shah and insured with Oriental Insurance Co. Ltd., collided with truck bearing registration no. KA-25-9249 (“truck...4 MIN READ↗
Delhi High Court
Multiplier for loss of dependency must be based on the deceased’s age, not the dependent parent’s age.
On 15 November 2006, truck bearing registration no. HR-37B-6085 (“truck no. 1”), driven by Ram Lalitha Shah and insured with Oriental Insurance Co. Ltd., collided with truck bearing registration no. KA-25-9249 (“truck...4 MIN READ↗
Karnataka High Court
Claimants must prove offending vehicle involvement on a preponderance of probabilities; a charge-sheet alone is insufficient.
The claimants filed MVC No.450/2003 under Section 163-A of the Motor Vehicles Act, 1988, seeking compensation for the death of Azar, who allegedly died in a road accident on 11 May 2003 while riding a motorcycle.3 MIN READ↗
Gujarat High Court
Insurer cannot avoid liability for driving-licence breach without adducing supporting evidence.
On 3 May 2019, Manji Kesha Anavadiya was travelling as a pillion rider on a motorcycle from Rapar to Samakhiyali when a TVS Luna allegedly emerged from a railway gate without due caution and collided with the motorcycle.3 MIN READ↗
Gujarat High Court
Motor accident compensation for homemakers must account for income, future prospects, and functional disability.
On 14 June 2002, the appellant was travelling as a passenger in an S.T. bus from Ahmedabad to Dahod when a truck allegedly driven rashly and negligently collided with the bus, causing her grievous injuries, including...3 MIN READ↗
Gujarat High Court
Below-knee amputation rendered the truck driver 100% functionally disabled for loss-of-earning-capacity assessment.
On 24 March 2007, the appellant, a 28-year-old truck driver, was driving Truck No. GJ-10-V-4700 when it was allegedly hit by Truck No. GJ-12-T-7668, driven rashly and negligently by respondent No.3.3 MIN READ↗
Gujarat High Court
Insurer must indemnify goods-vehicle occupants when they are goods owners or policy-covered loaders.
On 8 June 2007, Prabhubhai Haribhai Patel, Pankajbhai Kanjibhai Patel and Haribhai Dayalbhai Patel were travelling in an Eicher truck bearing registration No. GJ-3-U-9420. The truck was allegedly driven rashly and neg...4 MIN READ↗
Gujarat High Court
Insurer accepting additional premium to cover a driver cannot avoid liability for the driver’s self-negligence.
On 24 May 2012, the appellant was driving a Tata Magic when it collided with a Bolero allegedly driven rashly and negligently from the wrong side of the road.3 MIN READ↗
Karnataka High Court
Broiler hens constitute livestock and goods, making accidental loss covered under the motor insurance policy.
The claimant, proprietor of Balaji Poultry Farm, purchased 2,250 broiler hens and transported them in an Eicher van bearing registration No. KA-34/A-5516 from Challakere to Tadapathri.2 MIN READ↗
Supreme Court
Uninsured vehicles to face automatic e-challans as Supreme Court orders technology-based checks and extends third-party cover for new cars to 4 years and two-wheelers to 6 years
The deceased, T. Ramu, was travelling in his Maruti 800 car on 13 July 1996 when an unidentified lorry struck the car from behind, causing injuries that resulted in his death.4 MIN READ↗
Gujarat High Court
For a 15-year-old deceased, compensation requires 40% future prospects and a multiplier of 15.
On 24 June 2016, Dilipbhai Nagjibhai, aged approximately 15 years, was travelling as a pillion rider on a motorcycle driven by his paternal uncle.2 MIN READ↗
Gujarat High Court
Motor accident compensation must account for multiple income sources, future prospects, and the deceased’s correct age-based multiplier.
On 29 April 2002, Vishalbhai Jivanbhai Desai, aged approximately 21 years, was travelling by motorcycle from Prantij to Majragam with a pillion rider.3 MIN READ↗
Gujarat High Court
For deceased businessmen, average income from prior income-tax returns determines loss-of-dependency compensation.
On 16 February 2005, Ashokbhai was travelling by bus to Bayad for his auto-parts business.3 MIN READ↗
Gujarat High Court
In absence of income evidence, motor accident compensation must apply skilled minimum wages and 40% future prospects.
On 30 August 2006, Thakorbhai Fatesinh Chaudhary was riding motorcycle No. GJ-04-J-8496 near Bharti Hotel, Village Bajipura, when truck No. GJ-11-X-9020 collided with his motorcycle. He sustained serious injuries and...3 MIN READ↗
Gujarat High Court
Where income is unproved, motor accident compensation must be assessed on prevailing skilled-worker minimum wages.
On 19 March 2018, Samatbhai Kayabhai Vijonda was walking near village Devaliya when car No. GJ-3-CR-4147, allegedly driven rashly and negligently, struck him, causing fatal injuries at the spot3 MIN READ↗
Gujarat High Court
Motor accident compensation must include future prospects, the age-based multiplier, one-fourth deduction, and consortium for all eligible claimants.
On 24 June 1998, at approximately 12:15 a.m., the deceased was sleeping in a vada near Kodki Road when respondent No. 1 allegedly drove truck No. GTY-5531 rashly and negligently, causing it to overturn onto the deceas...3 MIN READ↗
Gujarat High Court
Inability to continue pre-accident avocation warrants assessment of 100% functional disability.
On 7 May 2018, the appellant-claimant, aged approximately 21 years and working as a mason, was travelling on a motorcycle with his wife and daughter.4 MIN READ↗
Gujarat High Court
Motor accident compensation must reflect applicable minimum wages, future prospects, and consortium for all eligible claimants.
On 11 January 2020, Somabhai Bababhai Rathod was travelling as a passenger in an autorickshaw when another autorickshaw, allegedly driven rashly and negligently on the wrong side of the road, collided with it. Somabha...3 MIN READ↗
Gujarat High Court
Future-loss compensation for an injured student is based on skilled-worker minimum wages with future prospects.
On 17 March 2012, the appellant, aged approximately 18 years and studying in the 10th standard, was riding his motorcycle from Vapi to Surat when a Maruti car, allegedly driven rashly and negligently, collided with him.3 MIN READ↗
Gujarat High Court
Severe injuries preventing a heavy-vehicle driver from driving justify assessing functional disability at 100%.
On 29 January 2006, the appellant was riding motorcycle No. GJ-6-AG-2633 towards Jabugam when a truck, allegedly driven rashly and negligently by Respondent No. 1, collided with the motorcycle, causing the appellant m...3 MIN READ↗
Delhi High Court
Allowances forming part of an employee’s pay packet must be included when assessing motor accident compensation.
Nagendra Kumar Singh, aged 36 years, died in a motor accident on 10 November 2013 when the car in which he was travelling collided with a truck allegedly parked in the middle of the road without an indicator near Sect...3 MIN READ↗
Delhi High Court
FIR and charge-sheet sufficiently establish negligence in motor accident claims absent eyewitness testimony.
On 28 February 2015, Faizan and his cousin Hamid were standing near a motorcycle at Khandoli Chauraha, Agra, when tractor no. UP-80-BV-3730 allegedly struck them due to rash and negligent driving.3 MIN READ↗
Supreme Court
Catastrophically disabled child’s compensation raised to ₹83.38 lakh; Supreme Court treats functional disability as 100% and awards lifelong care costs
On 16.06.2015, a tanker driven rashly and negligently collided with the Hyundai i-10 car in which the six-month-old claimant, Shreejita Pattnaik, was travelling with her parents.4 MIN READ↗
Delhi High Court
Functional disability must reflect actual earning-capacity loss, not merely certified physical impairment.
The appellant, aged approximately 29 years, was travelling on a motorcycle on 15 June 2023 when it was hit by the offending vehicle. He suffered injuries resulting in below-knee amputation of the left lower limb and w...3 MIN READ↗
Gujarat High Court
A seaman’s proven income loss must include employment allowances and the actual incapacity period within his duty cycle.
On 14 June 1994, the appellant and his wife were travelling on a scooter when a Maruti van, allegedly driven rashly and negligently on the wrong side of the road while overtaking another vehicle, collided head-on with...3 MIN READ↗No articles match these filters.