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Average Income Is To Be Considered If Variations Found In Income Tax Returns Filed By Claimant: Karnataka High Court

The Karnataka High Court has held that if income tax returns are available the same should be considered as best a piece of evidence and if variations are found in the income tax returns, considered for different assessment years, it would be appropriate to consider the average income of three assessment years to arrive at the annual stable income of …

Damaged Car Owner Can Claim Amount From Offending Vehicle's Insurer If Damage Amount Not Fully Reimbursed By His Own Insurer: Karnataka HC

The Karnataka High Court has held that in a motor accident if the total amount for repairs is not reimbursed by the insurer of the damaged vehicle, the claimant will have every right to approach the Motor Accident Claims Tribunal to seek an order for payment of the balance amount from the insurer of the offending vehicle. However, if the …

Advocate's Movement Between Courts Affected By Lower Limb Disability, Impacts Income: Karnataka HC Enhances Motor Accident Compensation

The Karnataka High Court has enhanced the compensation awarded to an advocate by the Motor Accidents Claim Tribunal, stating that the disability of lower limb certainly hinders her ability to efficiently serve clients and move quickly between courts, potentially impacting her income and professional responsibilities. The Karnataka Government Insurance Department opposed the plea and sought a reduction in the compensation …

Mere 'Smell Of Alcohol' From Injured Does Not Disentitle His Claim In Motor Accident: Karnataka High Court

The Karnataka High Court has made it clear that even if a person was intoxicated or smelling with alcohol, the same cannot be an excuse for the driver of a bus for causing the road traffic accident and causing injuries to the injured person. The bench said “The claimant who claims to be the injured in the road traffic accident …

[Employee's Compensation Act] Bar On Commissioner's Power To Conduct Enquiry Imposed By 2010 Amendment Act Is Prospective: Karnataka HC

The Karnataka High Court has said the amendment brought to Section 20 of the Employee's Compensation Act, 1923, notified on 23.01.2014, which bars the Commissioner from conducting an inquiry/proceedings on the claims under the Act and confers the powers to the concerned courts, is not applicable to a case decided prior to issuing of the notification. A single judge bench …

[Motor Accident] Insurance Company Not Exempted From Third Party Liability For Breach Of Policy, May Recover From Insured: Karnataka HC Reiterates

The Karnataka High Court has reiterated that even if the court comes to the conclusion that there is a breach of any policy condition recognized under Section 149 of the Motor Vehicles Act, the insurer is liable to compensate the third party and recover the same from the insured. A single judge bench of Justice HP Sandesh allowed an appeal …

Dysfunctional Limbs Render 100% Functional Disability: Karnataka High Court Orders ₹21.86 Lakh Compensation For Minor Victim In Motor Accident

The Karnataka High Court has said if the medical evidence indicates that a minor child cannot straighten one of the lower limbs and one of the upper limbs has lost its power for use, it is as good as the human body becoming useless, so far as the person's ability to work and earn livelihood is concerned. In other words, …