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 Dismisses Insurance Company's Petition Challenging Tribunal's Refusal to Implead Additional Witnesses in Motor Accident Claim — No Jurisdictional Error Found in Tribunal's Discretionary Order. The Court held that the Tribunal's decision to reject impleadment of proposed respondents as unnecessary parties does not warrant interference under Article 227 of the Constitution of India.

22 Apr 2025

The judgment pertains to two writ petitions filed by the Manager of ICICI Lombard General Insurance Company Limited under Article 227 of the Constitut...

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...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Income Assessment and Contributory Negligence Finding. Deceased was a 65-year-old business partner and commission agent; court held that income should be Rs.3,000 per month and driver was solely negligent, enhancing compensation from Rs.1,40,000 to Rs.2,30,000.

28 Aug 2023

The appeal was filed under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 16th August 2004 passed by the Motor ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim, Sets Aside Contributory Negligence Finding. Deceased motorcyclist hit by tempo from behind; court holds tempo driver solely negligent, enhances compensation to Rs.2,58,44,336/- with 9% interest.

13 Apr 2022

The appellants, legal representatives of the deceased Anil Yadav, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging ...

High Court

Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Upholds Compensation for Deaths of Jeep Occupants. Insurer's Defense of Breach of Policy Conditions Fails as No Evidence of Willful Violation or Vehicle Use Beyond Permitted Purpose Was Established.

10 Dec 2021

The New India Assurance Company Limited filed four First Appeals under Section 173 of the Motor Vehicles Act, 1988, challenging separate judgments of ...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Negligence of Driver for Parking Without Indicators Established. The court upheld the Tribunal's award of compensation to the parents of the deceased, finding no perversity in the finding of negligence against the driver of the offending lorry.

11 Nov 2016

The appeal was filed by United India Insurance Company Limited challenging the judgment and award dated 30.04.2012 passed by the Motor Accident Claims...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal and Enhances Compensation in Motor Accident Claims — Negligence of KSRTC Driver Established, Insurer Liable to Pay Compensation with Right to Recover from Owner. The court held that the KSRTC driver was solely negligent for driving on the wrong side, and the insurer of the lorry was not liable; compensation was enhanced for both death and injury claims under the Motor Vehicles Act, 1988.

20 Jan 2016

The judgment arises from three appeals arising out of two motor accident claim petitions. The accident occurred on 20.08.2010 involving a KSRTC bus (K...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Breach of Policy Conditions, But Entitled to Recover from Owner. Claimants' Appeal for Enhancement of Compensation Partly Allowed — Multiplier of 13 Applied Based on Deceased's Age.

20 Jan 2016

The case involves three appeals arising from motor accident claims. The first appeal by the Insurance Company challenged the award in MVC No.89/2011, ...

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