Search Results for "helmet contributory negligence"

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Search Results for "helmet contributory negligence"

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High Court

High Court of Bombay at Goa Reserved Judgment on First Appeal Against Motor Accident Claims Tribunal Award That Rejected Fatal Accident Compensation Claim Due to Unproven Negligence. Appellate Consideration Focused on Whether Parked Truck Without Signage on NH-4 Constituted Negligence Under Highway Administration Rules, 2004 and Assessment of Deceased's Income for Compensation.

2 Dec 2022

The appeal before the High Court of Bombay at Goa arose from a fatal road accident claim. The appellants, family members of deceased Minesh Karmalkar,...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Pillion Rider. Held that a pillion rider who fails to wear a helmet and thereby contributes to the severity of injuries is guilty of contributory negligence under the Motor Vehicles Act, 1988.

27 Sep 2022

The case involves an appeal by United India Insurance Co. Ltd. against the award of compensation by the Motor Accident Claims Tribunal in favour of th...

High Court

High Court of Bombay at Goa Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Deduction of Contributory Negligence. The court held that the deceased was contributory negligent for not wearing a helmet, reducing the insurer's liability by 50% under the Motor Vehicles Act, 1988.

8 Sep 2022

The case arises from a motor accident claim petition filed by the legal representatives of Surendra Naik (deceased) who died in a road traffic acciden...

High Court

High Court of Karnataka Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased. Deceased's Failure to Wear Helmet and Riding with Negligent Driver Led to 25% Reduction in Compensation.

13 Oct 2015

The appeal was filed by the Insurance Company, ICICI Lombard GIC Ltd., against the judgment and award dated 26th July 2014 passed by the Motor Acciden...

High Court

High Court of Gujarat Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Pillion Rider — Insurance Company's Appeal Partly Allowed. The court held that a pillion rider who does not wear a helmet and is negligent contributes to the accident, reducing the liability of the insurer.

4 Feb 2026

The case arises from a motor accident claim petition filed by the legal heirs of Karshanbhai Chaudhari, who died in a motorcycle accident on 13.07.200...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. The Court apportioned liability 50:50 between the car driver and the truck driver, reducing the insurer's liability from full award to 50%.

4 Dec 2018

The case arises from a motor accident claim filed by the legal representatives of a deceased pillion rider. The deceased was riding pillion on a motor...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Claimant. The Court held that the claimant, a pillion rider on a motorcycle, was negligent for not wearing a helmet and contributed to the accident, reducing the insurer's liability by 50%.

29 Aug 2019

The present appeal was filed by the New India Assurance Company Ltd., the original respondent No. 2 (insurer), challenging the judgment and award pass...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased motorcyclist without helmet and license contributed 50% to accident; insurer not liable for no-fault liability under Section 140 of Motor Vehicles Act, 1988.

9 Dec 2021

The appeal arises from a judgment and award dated 20.08.2008 passed by the Motor Accident Claims Tribunal, Amravati, in Claim Petition No. 131/2006. T...

High Court

High Court of Karnataka Reduces Compensation in Motor Accident Claim Case Due to Contributory Negligence and Error in Income Calculation. Claimant's contributory negligence assessed at 30% and notional income reduced from Rs.12,000 to Rs.9,000 per month for a pillion rider with no proof of income.

1 Aug 2024

The case arises from a motor accident claim petition filed by the legal representatives of Supreeth S., a 24-year-old bachelor who died in a road acci...

High Court

Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased. Deceased motorcyclist found 50% negligent for riding without helmet and causing accident, reducing compensation by half.

22 Jan 2026

The case arises from a motor accident on 22.12.2015 where the deceased, Dahyabhai Umedsinh Parmar, was riding a motorcycle with two pillion riders whe...

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