Search Results for "negligence"

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Search Results for "negligence"

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High Court

High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Driver Proved, No Breach of Policy Conditions. The court upheld the award of Rs.6,04,000/- with 9% interest for death of a passenger in a jeep accident, rejecting the insurer's contention of contributory negligence and lack of valid driving license.

3 Mar 2026

The case arises from a motor accident claim petition filed by the legal heirs of deceased Rakeshbhai Nanjibhai, who died in a jeep accident on 16.04.2...

High Court

Gujarat High Court Allows Appeals in Motor Accident Claim Case Due to Negligence of Offending Vehicle — Delay in FIR and Involvement of Vehicle Not Sufficient to Dismiss Claims Under Motor Vehicles Act, 1988. The court held that the Tribunal erred in dismissing claim petitions solely on delay in FIR and involvement of vehicle, as the Act is beneficial legislation and evidence showed negligence.

2 Mar 2026

The case involves two first appeals filed by the original claimants, Smitaben Naginbhai Prajapati and Naginbhai Somabhai Prajapati, against a common j...

High Court

High Court of Gujarat Enhances Compensation for Grievous Injuries in Motor Accident Claim. Tribunal's Award of Rs. 85,000 Enhanced to Rs. 2,00,000 Considering Medical Expenses, Pain, and Loss of Amenities Under Motor Vehicles Act, 1988.

16 Mar 2026

The appellant, Rameshbhai Jesingbhai Talpada, filed a first appeal before the High Court of Gujarat against the judgment and award dated 17.12.2014 pa...

High Court

Bombay High Court Enhances Compensation in Motor Accident Claim for Permanent Disability — Multiplier Applied at 18 Based on Age of Injured Victim, Notional Income Assessed at Rs. 4,000 per Month. The Court corrected the multiplier from 17 to 18 as per Sarla Verma v. DTC, (2009) 6 SCC 121, and enhanced compensation for loss of amenities, pain and suffering, and future medical expenses.

9 Jun 2017

The appellant, Mahavir Sampat Keskar, aged 24, was involved in a motor accident on 17th January 2008 while riding a motorcycle. He sustained grievous ...

High Court

Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Deceased Driver's Own Negligence Bars Claim Under Section 163A of Motor Vehicles Act, 1988. Legal heirs of a driver who died in a collision caused by his own rash driving cannot claim compensation under Section 163A as the provision is intended for victims of accidents not involving the driver's own fault.

15 Jun 2017

The case involves an appeal by the New India Assurance Company Limited against an order of the Motor Accident Claims Tribunal, Nagpur, dated 23rd June...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation Award for Death of Motorcyclist Due to Tanker Overtaking Negligence. The court affirmed the Tribunal's finding of negligence and computation of compensation under Section 166 of the Motor Vehicles Act, 1988.

25 Jul 2017

The case arises from a fatal motor vehicle accident that occurred on 16th January 2012, when Rajendra B. Pache was riding his motorcycle (MH-11-AX-488...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Driver and Lack of Contributory Negligence by Deceased. The court enhanced compensation from Rs. 3,50,000 to Rs. 5,00,000 with interest at 6% per annum, holding that the Tribunal erred in attributing contributory negligence to the deceased pedestrian.

30 Nov -0001

The case involves a motor accident claim where the appellant, the legal representative of the deceased Jahangir Karanjia, sought enhancement of compen...

High Court

High Court of Bombay Upholds Compensation Award in Motor Accident Claim — Reduces Multiplier and Modifies Deductions. Tribunal's finding of contributory negligence and computation of compensation under Section 166 of Motor Vehicles Act, 1988 is upheld, but multiplier corrected from 16 to 13 and personal expenses deduction from 1/3rd to 1/4th.

20 Jul 2017

The case arises from a motor accident that occurred on 04.04.1997 at Tulani Bus Stop, Ordnance Factory, Nagpur. The deceased, Buddulal, was attempting...

High Court

High Court of Bombay at Nagpur Dismisses MSRTC Appeal in Motor Accident Claim — Upholds Tribunal's Compensation Award for Death of Motorcyclist. Negligence of Bus Driver Established as Primary Cause of Accident, Not Contributory Negligence of Deceased.

7 Jul 2017

The appellant, the Controller of Maharashtra State Road Transport Corporation (MSRTC), filed an appeal against the judgment and award dated 17/01/2012...

High Court

High Court of Bombay Upholds Compensation Award in Motor Accident Claim — Insurance Company Liable for Bus Driver's Negligence. Deceased Manager's Income Assessed at Rs.3,000 per Month with Multiplier of 17 and 50% Deduction for Personal Expenses Under Motor Vehicles Act, 1988.

19 Jul 2017

The appeal was filed by the Divisional Manager of New India Assurance Company Ltd. against the judgment and award of the Motor Accident Claims Tribuna...

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