Gujarat High Court
LEGAL SUBJECT
Transport, Maritime, and Aviation Law
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLESKarnataka 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
A mason’s above-knee amputation warrants 100% functional disability when it forecloses his livelihood.
The claimant, a 36-year-old mason, sustained serious injuries in a road accident on 12 February 2018, resulting in amputation of his right leg above the knee and permanent disability to his right arm.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
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
Allowances form part of salary when calculating a deceased employee’s income for motor accident compensation.
The deceased, aged 34, worked as a driver in the District and Sessions Court and died in a motorcycle–truck accident on 12 November 2008.2 MIN READ↗Karnataka High Court
Contributory negligence cannot be attributed to a motorcycle rider without supporting evidence.
On 27 March 2019, a bus belonging to NWKRTC collided with a motorcycle on the Ranebennur–Guddada Anaveri road. The motorcycle’s rider, Bharmappa, died, and its pillion passenger, Chandrashekharappa, was seriously inju...2 MIN READ↗Karnataka High Court
Grievously injured claimants may receive Section 164 compensation for pre-amendment accidents.
The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded in MVC No. 200/2014.2 MIN READ↗Karnataka High Court
Negligence was apportioned 80:20 between the truck driver who parked without warning and the motorcycle rider.
On 20 September 2020, Ketan, riding a motorcycle, collided with a truck stationary on the road and died at the scene.2 MIN READ↗Karnataka High Court
Absence of a driving licence or insurance does not prove contributory negligence.
On 2 September 2023, a bus owned by NWKSRTC collided with a motorcycle ridden by Umesh Jantli.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
Amputation and associated injuries warranted 80% whole-body disability for future-earnings compensation.
The claimant, then aged 17, sustained multiple injuries, including a right-leg amputation, when a car collided with the scooter he was riding on 20 January 2018.2 MIN READ↗Karnataka High Court
Consortium compensation must be excluded for a claimant who dies during the proceedings.
On 15 November 2017, Mahantesh, aged about 18, was riding as a pillion passenger on a motorcycle when it collided with a NWKRTC bus; he died at the scene.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
Compensation enhanced to reflect injury-related pain, loss of amenities, attendant care, and recovery-period income loss.
On 22 June 2022, the appellants were travelling in a Maruti Dzire that went out of control while its driver attempted to avoid an animal and struck a roadside tree. Both appellants sustained injuries. Gangadharappa, t...2 MIN READ↗Karnataka High Court
A homemaker’s contribution may be valued at ₹30,000 monthly when calculating dependency compensation.
On 16 December 2023, Shamshad Hajaratali Jhare fell while alighting from a NWKRTC bus at Bailhongal bus stand after the driver moved the bus; she died during treatment on 21 December 2023.2 MIN READ↗Karnataka High Court
Continuing-treatment evidence may be adduced on remand to assess just compensation.
Mohammed Asad appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the Tribunal in MVC No. 12/2021 for injuries sustained in a 2019 road accident. The Tribu...2 MIN READ↗Karnataka High Court
Unrebutted evidence of dependent sisters warrants a one-third deduction for personal expenses.
The claimants sought compensation for the death of Saimanikanta, aged about 19, in a road accident on 20 February 2022 involving a NEKRTC bus.2 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↗Madras High Court
Failure to furnish security may justify judicial sale of a stranded vessel.
The applicants claimed that they had paid or advanced money to the respondent in connection with cargo space, loans, vessel release costs and a charter agreement, but that the respondent had failed to repay the amount...2 MIN READ↗Madras High Court
Evidence establishing the bus driver’s sole negligence defeats a claim of contributory negligence.
The claimants sought compensation for the death of Ramachandran in an accident involving a bus owned by the appellant Transport Corporation.2 MIN READ↗Madras High Court
Where the driver held a valid licence, the insurer must indemnify the vehicle owner.
The claim arose from a motor accident on 21 July 2015, in which a lorry struck and fatally injured Karuppayee while she was walking along Avinashi Road.2 MIN READ↗Madras High Court
A pillion rider’s failure to wear a helmet justified only 5% contributory negligence.
The claimants sought compensation for the death of Muthulakshmi, who was travelling as a pillion rider when the motorcycle she was on was struck from behind by another motorcycle on 10 October 2018.2 MIN READ↗Karnataka High Court
Motor accident compensation enhanced by applying Karnataka’s prescribed notional income and recalculating income losses.
On 2 July 2018, the appellant was riding a motorcycle when a passenger in a car ahead opened its left-side door, causing an accident.2 MIN READ↗Karnataka High Court
Fatal-accident compensation was recalculated using minimum wages and future prospects.
On 26 January 2018, Vikshith, a ninth-standard student, was injured in a collision while riding a bicycle.2 MIN READ↗Karnataka High Court
Notional income for an injured engineering student was enhanced to ₹11,000 monthly for future-loss calculations.
On 30 September 2017, the appellant, then an 18-year-old engineering student, was injured when a Tata Indica Vista collided with the motorcycle on which she was travelling with her father1 MIN READ↗Karnataka High Court
A 50% agricultural-expense deduction is arbitrary absent supporting evidence.
On 19 June 2017, the deceased, Sathish, was riding a motorcycle when it was struck by a Tata 709 vehicle. He later died from his injuries.2 MIN READ↗No articles match these filters.