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May 31 2024 (HC)

Kumar Omkar S/o. Somanath Bashetti, Vs. M/s. P B Ibrahim,

Court : Karnataka Dharwad

..... -d:7234-db mfa no.102474 of 2017 c/w mfa no.102063 of 2017, mfa no.102064 of 2017, mfa no.102473 of 2017 before the tribunal that accident had taken place due to negligence of driver of the bulldozer and there are no reasons to interfere in the said findings of the tribunal. ..... -d:7234-db mfa no.102474 of 2017 c/w mfa no.102063 of 2017, mfa no.102064 of 2017, mfa no.102473 of 2017 reveal that due to injuries sustained in the accident, claimant was suffering from severe pain, therefore he had to undergo another surgery in the sparsha hospital at bengaluru on 24.01.2017. ..... 7234-db mfa no.102474 of 2017 c/w mfa no.102063 of 2017, mfa no.102064 of 2017, mfa no.102473 of 2017 accident had taken place due to rash and negligent riding of scooter by basavappa and amount of compensation claimed is exorbitant. ..... is filed under section1731)n of motor vehicles act, against the judgement and award dated1502.2017 passed in mvc no.1127/2016 on the file of the xi additional district and sessions judge and member, additional motor accident claims tribunal, belagavi, partly allowing the claim petition for compensation and seeking enhancement of compensation. ..... this mfa is filed under section1731) of motor vehicles act, against the judgment and award dated1502.2017 passed in mvc no.1514/2016 on the file of ix- additional district and sessions judge and member, additional motor accident claims tribunal, belagavi, partly allowing the claim petition for compensation and seeking enhancement of compensation. .....

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May 31 2024 (HC)

New India Assurance Co. Ltd., Vs. Kumar Omkar S/o Somanath Bashetti

Court : Karnataka Dharwad

..... -d:7234-db mfa no.102474 of 2017 c/w mfa no.102063 of 2017, mfa no.102064 of 2017, mfa no.102473 of 2017 before the tribunal that accident had taken place due to negligence of driver of the bulldozer and there are no reasons to interfere in the said findings of the tribunal. ..... -d:7234-db mfa no.102474 of 2017 c/w mfa no.102063 of 2017, mfa no.102064 of 2017, mfa no.102473 of 2017 reveal that due to injuries sustained in the accident, claimant was suffering from severe pain, therefore he had to undergo another surgery in the sparsha hospital at bengaluru on 24.01.2017. ..... 7234-db mfa no.102474 of 2017 c/w mfa no.102063 of 2017, mfa no.102064 of 2017, mfa no.102473 of 2017 accident had taken place due to rash and negligent riding of scooter by basavappa and amount of compensation claimed is exorbitant. ..... is filed under section1731)n of motor vehicles act, against the judgement and award dated1502.2017 passed in mvc no.1127/2016 on the file of the xi additional district and sessions judge and member, additional motor accident claims tribunal, belagavi, partly allowing the claim petition for compensation and seeking enhancement of compensation. ..... this mfa is filed under section1731) of motor vehicles act, against the judgment and award dated1502.2017 passed in mvc no.1514/2016 on the file of ix- additional district and sessions judge and member, additional motor accident claims tribunal, belagavi, partly allowing the claim petition for compensation and seeking enhancement of compensation. .....

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May 31 2024 (HC)

New India Assurance Co. Ltd., Vs. Smt. Girijavva W/o Basavappa Totagi

Court : Karnataka Dharwad

..... -d:7234-db mfa no.102474 of 2017 c/w mfa no.102063 of 2017, mfa no.102064 of 2017, mfa no.102473 of 2017 before the tribunal that accident had taken place due to negligence of driver of the bulldozer and there are no reasons to interfere in the said findings of the tribunal. ..... -d:7234-db mfa no.102474 of 2017 c/w mfa no.102063 of 2017, mfa no.102064 of 2017, mfa no.102473 of 2017 reveal that due to injuries sustained in the accident, claimant was suffering from severe pain, therefore he had to undergo another surgery in the sparsha hospital at bengaluru on 24.01.2017. ..... 7234-db mfa no.102474 of 2017 c/w mfa no.102063 of 2017, mfa no.102064 of 2017, mfa no.102473 of 2017 accident had taken place due to rash and negligent riding of scooter by basavappa and amount of compensation claimed is exorbitant. ..... is filed under section1731)n of motor vehicles act, against the judgement and award dated1502.2017 passed in mvc no.1127/2016 on the file of the xi additional district and sessions judge and member, additional motor accident claims tribunal, belagavi, partly allowing the claim petition for compensation and seeking enhancement of compensation. ..... this mfa is filed under section1731) of motor vehicles act, against the judgment and award dated1502.2017 passed in mvc no.1514/2016 on the file of ix- additional district and sessions judge and member, additional motor accident claims tribunal, belagavi, partly allowing the claim petition for compensation and seeking enhancement of compensation. .....

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May 28 2024 (HC)

The New India Assurance Co Ltd Vs. Bibi Nafisa

Court : Karnataka

..... :19292 mfa no.7683 of 2014 c/w mfa.crob no.54 of 2020 order (i) mfa no.7683/2014 is allowed; (ii) the judgment and award dated 11.08.2014 in mvc no.269/2009 passed by the additional district & sessions judge and additional motor accidents claims tribunal, udupi (sitting at kundapura), kundapura, is hereby set aside; (iii) the insurance company is exonerated of the liability to pay compensation to the claimants; (iv) mfa.crob.54/2020 is allowed in part; (v) the compensation awarded by the tribunal ..... but in the present case, while considering sub-clause (ii) of sub-section (2) of section 149 of the motor vehicles act, in the case of a minor boy of 16 years old who was riding the vehicle and caused the accident, this proviso is not applicable so as to say that terms and conditions of the insurance company are violated. ..... therefore, insurance company has proved the documentary evidence that accident was caused by a minor boy aged 16 years whereas, r.w.1 did not produce any documentary evidence corroborating his oral evidence. ..... no.54 of 2020 documentary evidence placed by the claimants, particularly exhibits p1 & p2 which are fir and complaint respectively, prove that one mushraff, s/o hakeem mothisham was riding the motor cycle as on the date and time of the accident which is reflected in the fir and complaint. ..... the insurance company has produced ex.r3-charge sheet wherein it is stated that the accused who has caused the accident was a minor boy aged 16 years. .....

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May 27 2024 (SC)

Alifiya Husenbhai Keshariya Vs. Siddiq Ismail Sindhi

Court : Supreme Court of India

..... the sole point for our consideration is whether a 1 (1979) 2 scc2361 | slp(c)no.729/2020 person who is entitled to receive compensation by way of a claim before the motor accident claims tribunal can be said to have given up its status as an indigent person , by virtue of the amount slated to be received. ..... the factual scenario giving rise to this appeal is :- 3.1 the appellant, who was the original claimant before the motor accident claims tribunal, [court of motor accident claims tribunal (auxiliary) & 10th (adhoc) addl. ..... district court jude, jamnagar].2 in m.a.c.p.no.255 of 2011, was injured in an accident on 4th july 2010, while riding pillion on a bike, which was hit by a truck. ..... 3.2 at the time of the accident, she was earning 2 hereafter, tribunal 2 | slp(c)no.729/2020 rs.3,000/- per month, but, post the accident, she sustained permanent disablement, and hence had not been able to work thereafter. .....

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May 17 2024 (SC)

Shaji Poulose Vs. The Institute Of Chartered Accountants Of India

Court : Supreme Court of India

..... the case pertained to the conviction of an attorney for misconduct on the basis of his in-person solicitation from accident victims. .....

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May 17 2024 (SC)

Tamil Nadu Medical Services Corporation Limited Vs. Tamil Nadu Medical ...

Court : Supreme Court of India

..... (2) a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorised leave or an accident or a strike, which is not illegal, or a lock-out [xxx]. .....

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May 16 2024 (SC)

United India Insurance Co. Ltd. Vs. M/s. Hyundai Engineering And Const ...

Court : Supreme Court of India

..... ; e) the cost of replacement, repair or rectification of defective material and/or workmanship, but this exclusion shall be limited to the items immediately affected and shall not be deemed to exclude loss of or damage to correctly executed items resulting from an accident due to such defective material and/ or workmanship; f) the cost necessary for rectification or correction of any error during construction unless resulting in physical loss or damage 3 g) loss of or damage to files, drawings, accounts, bills, currency, stamps, deeds ..... the nhai intimated the appellant about the incident on 29.12.2009 and requested the deputation of a surveyor to assess the damage caused due to the accident and also sought indemnification of the loss. ..... the chambal bridge accident was a sudden and catastrophic structural failure. ..... it may be pointed out that the bridge was at one of its critical stages at the time of the accident. [ ]. 8.2.2.2 [ ]. .....

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May 08 2024 (SC)

Bhumikaben N Modi . Vs. L.i.c.of India

Court : Supreme Court of India

..... the deceased has accordingly accident benefit policy. .....

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Apr 30 2024 (SC)

New India Assurance Co.ltd Through Its Manager Vs. Tata Steel Ltd.

Court : Supreme Court of India

..... according to niacl, after receipt of the information about the fire accident on 12.12.1998, niacl immediately appointed the surveyors and soon thereafter, on the basis of the interim survey report, on-account payments were made. ..... according to the insured, due to a fire accident on 12.12.1998, the 20 hi cold rolling mill fitted with imported equipment was fully destroyed resulting in a loss of rs. .....

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