Search Results for "Contributory negligence"

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Search Results for "Contributory negligence"

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High Court

Madras High Court Partially Allows Insurance Company's Appeal and Dismisses Claimants' Cross-Objection in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. The court upheld the Tribunal's finding of 50% contributory negligence but reduced the notional income and set aside future prospects, resulting in a reduced award of Rs. 13,76,000/-.

5 Feb 2026

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, a 55-year-old vegetable vendor, who died in a...

High Court

High Court of Karnataka Allows Appeal for Enhancement of Compensation in Motor Accident Claim — Negligence of Canter Driver Upheld. Claimants, parents of deceased aged 45, awarded enhanced compensation with 40% future prospects and multiplier of 14 under Motor Vehicles Act, 1988.

19 Dec 2025

The appeal was filed by the claimants, Sri Thimmappa @ Pooja Thimmappa and Smt. Sujathamma @ Pooja Ramanjanappagari Sujathamma, who are the parents of...

High Court

High Court of Karnataka Partly Allows Appeal by KSRTC and Cross-Objection by Claimants in Motor Vehicle Accident Case — Compensation Enhanced for Death of 22-Year-Old Bachelor. Multiplier of 18 applied and 40% future prospects added, but contributory negligence of 25% upheld against deceased for riding without helmet.

14 Dec 2023

The case arises from a motor vehicle accident that occurred on 09.03.2016, when the deceased, Mayigaiah, a 22-year-old bachelor, was riding a motorcyc...

High Court

Gujarat High Court Reduces Contributory Negligence from 20% to 10% in Motor Accident Claim — Appellant Motorcyclist Injured in Head-On Collision with Jeep. Court Held That Absence of Evidence of Negligence on Part of Claimant Warrants Reduction of Contributory Negligence and Enhancement of Compensation.

18 Feb 2026

The appellant, Lahernath Raghunath Gauswami, was the original claimant in a motor accident claim petition. On 02.03.2006, while returning to his villa...

Supreme Court

Supreme Court Partially Allows Appeal in Motor Accident Claim Case — Upholds Contributory Negligence but Enhances Compensation. Head-on collision between motorcycle and Alto car leads to death of two persons; court holds both drivers equally negligent but modifies income assessment and compensation amounts.

1 Jan 2025

The case arises from a motor accident on 26.07.2009 involving a head-on collision between a motorcycle driven by Gautam (deceased) with pillion rider ...

High Court

Madras High Court Dismisses Insurance Company's Appeal in Motor Accident Case — Negligence of Car Driver Upheld Due to Lack of Evidence on Contributory Negligence. Claimant's Unrebutted Evidence Sufficient to Sustain Award Under Motor Vehicles Act, 1988.

6 Apr 2026

The case arises from a motor accident that occurred on 17.03.2018 at about 9:15 p.m. The deceased, a Superintendent in the office of the Chief Conserv...

Supreme Court

Supreme Court Allows Claimant's Appeal in Motor Accident Case, Rejects Contributory Negligence and Enhances Compensation. Court found trailer driver solely negligent based on FIR and charge sheet, applying preponderance of probabilities standard under Section 166 of Motor Vehicles Act, 1988, and held learner's licence violation does not establish negligence.

25 Mar 2025

The dispute arose from a motor accident on 03.11.1999 involving a Block Development Officer (claimant) riding pillion on a scooter that collided with ...

High Court

High Court of Bombay Enhances Compensation in Motor Accident Claim — Deceased was 30-year-old earning Rs.6,000 per month; Tribunal's assessment of income and multiplier modified.

5 Oct 2018

The appellants, original claimants in Motor Accident Claim Petition No.26 of 2011, filed an appeal against the judgment and award dated 23.10.2012 pas...

High Court

Gujarat High Court Reduces Contributory Negligence from 30% to 10% in Motor Accident Claim — Enhances Compensation for Partial Permanent Disability. Held that mere presence of motorcycle on the wrong side does not automatically fix contributory negligence without evidence of proximate cause.

20 Jan 2026

The appellant, Vijaybhai Vikrambhai Sadmiya, was the original claimant in a motor accident claim petition arising from an accident on 23.08.2016. Whil...

High Court

High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — No Contributory Negligence Found. Tribunal's Award of Rs.39,80,000/- Upheld as Findings Were Based on Evidence and Not Perverse Under Section 173 of Motor Vehicles Act, 1988.

11 Feb 2026

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by Reliance General Insurance Co. Ltd., the appellant, challengin...

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