Search Results for "Negligence apportionment"

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Search Results for "Negligence apportionment"

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High Court

Gujarat High Court Enhances Compensation for Injured Pedestrian in Motor Accident Case, Reduces Contributory Negligence from 50% to 25%. The court held that the driver of the truck was primarily negligent and the claimant's 70% permanent partial disability warranted full loss of future prospects under Section 166 of the Motor Vehicles Act, 1988.

27 Mar 2026

The case arises from a motor accident claim where the original claimant, Prabodhakumar Behera, a pedestrian, was hit by a truck on 22.12.1996, resulti...

High Court

High Court of Gujarat Enhances Compensation in Motor Accident Claims for Death and Injury Due to Negligence of Truck Driver. Apportionment of Contributory Negligence Set Aside as Tribunal Erred in Holding Claimants' Vehicle at Fault Without Evidence.

24 Feb 2026

The case arises from a motor accident that occurred on 26.12.2015 when the deceased Govindbhai and injured Kantibhai, along with others, were travelin...

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...

Supreme Court

Supreme Court Allows Appeals in Motor Accident Claim Case, Sets Aside Contributory Negligence Finding Against Passengers. The Court held that the principle of contributory negligence cannot be applied to passengers or their legal heirs when the driver of the car was not negligent in a manner that could be attributed to them.

20 Sep 2024

The case arises from a motor accident on 18th August 2013, where a car collided with a 14-wheeler trailer truck abandoned in the middle of a highway w...

Supreme Court

Supreme Court Awards Compensation to Victims of Meerut Fire Tragedy Due to State and Organizer Negligence. State and Organizers Held Jointly and Severally Liable for Deaths and Injuries from Fire at Victoria Park Exhibition Due to Failure to Obtain Permissions and Ensure Fire Safety.

12 Apr 2022

The Supreme Court dealt with a writ petition filed by victims of a fire tragedy that occurred on April 10, 2006, at Victoria Park, Meerut, during the ...

High Court

Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's failure to prove income and contributory negligence of both drivers led to reduction of award from Rs. 3,00,000 to Rs. 1,50,000.

6 Dec 2019

The case involves an appeal by The Oriental Insurance Company Ltd. against the judgment and award dated 31.10.2017 passed by the Motor Accident Claims...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Contributory Negligence Finding and Inadequate Compensation. The Court held that a passenger cannot be held guilty of contributory negligence merely because the bus driver was negligent, and applied correct multiplier and deductions as per settled law.

11 Sep 2019

The appeal arises from a judgment and award dated 25.3.1997 passed by the Motor Accidents Claims Tribunal, Satara in MACP No.414 of 1992. The appellan...

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

High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Insurance Company's Appeal Dismissed. Computation of Loss of Dependency Based on Notional Income of Rs.9,000 per Month for a Vegetable Vendor with Addition of 40% Towards Future Prospects and Deduction of 1/4th Towards Personal Expenses.

13 Jul 2018

The judgment pertains to two appeals arising from a motor accident claim. The claimants, being the widow, children, and parents of the deceased Yellap...

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