Search Results for "Negligence apportionment"

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Gujarat High Court Allows Appeal in Motor Accident Claim for Death of Housewife — Enhances Compensation from Rs.2,79,540 to Rs.6,72,000. Notional Income of Rs.3,000 per month and Multiplier of 7 Applied for Deceased Aged 62 Years.

The present appeal arises from a judgment and award dated 12.05.2016 passed by the Motor Accident Claims Tribunal (Aux.) & 6th Additional District Jud...

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High Court of Gujarat Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Tribunal's error in deducting only 10% instead of 20% contributory negligence corrected; compensation reduced accordingly.

The case arises from a motor accident claim petition filed by the legal heirs of the deceased who died in a collision between his car and a truck on 2...

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Madras High Court Partially Allows Appeals in Motor Accident Claim Case — Reduces Compensation for Contributory Negligence. Deceased was riding bicycle without lights and helmet, contributing to accident; 25% contributory negligence attributed.

The case arises from a motor accident claim petition filed by the husband and children of the deceased Shankari, who died in a road accident on Februa...

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Madras High Court Enhances Compensation for Death of 55-Year-Old Man in Motor Accident, Upholds Negligence of Driver and Vicarious Liability of Owner. Future Prospects at 10% and Multiplier of 11 Applied Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, R. Rajendran, who died in a road accident on ...

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High Court of Karnataka Enhances Compensation for Death of 30-Year-Old Driver in Motor Accident Case. Apportionment of Contributory Negligence at 25% Upheld, but Multiplier Corrected from 17 to 16 and Future Prospects Added at 40% Under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 29.05.2016, when Santosh Ghadi (deceased) was riding a motorcycle and dashed against a stationa...

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Bombay High Court Dismisses MSRTC Appeal in Motor Accident Claim — Negligence of Bus Driver Upheld. Compensation of Rs. 18,91,600 with 7.5% Interest Affirmed Under Motor Vehicles Act, 1988 for Death of Motorcyclist.

The case arises from a motor accident claim filed by the widow and son of Kashinath Zanje, who died in a road accident on 21 February 2015. The deceas...

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High Court of Karnataka Partly Allows BMTC Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased Motorcyclist. Liability Apportioned Equally Between BMTC and Deceased, Compensation Reduced to Rs.39,55,000/- with 6% Interest.

The appeal was filed by the Bangalore Metropolitan Transport Corporation (BMTC) challenging the judgment and award dated 17.09.2016 passed by the IX A...

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Bombay High Court Allows Appeal in Motor Accident Claim for Death of 10-Year-Old Girl, Sets Aside Contributory Negligence Finding. Court holds that a child passenger cannot be held contributorily negligent and enhances compensation under Motor Vehicles Act, 1988.

The appellants, father and siblings of the deceased Savita, a 10-year-old girl, filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeki...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Claimants' Appeal Dismissed as No Error Found in Tribunal's Assessment of Income and Multiplier.

The case involves two appeals arising from a motor accident claim. The accident occurred on 20th June 2013 when the deceased, Umesh M. Kholkar, was ri...

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Bombay High Court Dismisses Insurance Company's Appeal Against Compensation Award in Motor Accident Claim — Negligence Proved and Quantum Upheld. Deceased's Income Reduced to Rs.2,800 per Month but 50% Future Prospects and Multiplier of 18 Applied Correctly.

The case arises from a motor accident claim filed by the parents of a deceased 25-year-old man who died in a vehicular accident. The claimants, Ramrao...