Search Results for "Victim Negligence Defence"

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Pay and Recover Order Despite Driver Being Minor Without License. Third Party Claimants Entitled to Compensation; Insurer to Recover from Owner Who Knew of Lack of License.

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the legal heirs of a deceased person ...

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Gujarat High Court Dismisses Insurance Company's Appeal in Hit-and-Run Motorcycle Accident Case — Upholds Compensation Under Section 163A Motor Vehicles Act. Insurance Company Liable Even When Offending Vehicle is Unknown as Per Strict Liability Principle Under Section 163A of Motor Vehicles Act, 1988.

The case involves two first appeals filed by Tata AIG General Insurance Co. Ltd. challenging a common judgment and award dated 05.10.2024 passed by th...

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Supreme Court Acquits Accused in Abetment of Suicide Case Due to Lack of Mens Rea and Active Participation. Joint Suicide Pact Does Not Amount to Abetment Under Section 306 IPC.

The case pertains to the death of actress Ms. Pratyusha, who consumed poison along with the appellant, Gudipalli Siddhartha Reddy, on 23rd February 20...

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High Court of Karnataka Allows Compensation Appeal in Electrocution Death Case — Father Awarded ₹5 Lakhs for Negligence of Electricity Board. Failure to Maintain Power Lines Causing Death of College Student Attracts Strict Liability Under Section 161 of the Electricity Act, 2003.

The appellant, Pandurang S/o Bhimayya Ainapure, a farmer aged 60, lost his 20-year-old college-going son Srinivas due to electrocution on 24.09.2000. ...

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High Court of Karnataka Allows Enhancement of Compensation in Motor Accident Claim Case — Insurance Company's Appeal Dismissed. Apportionment of Liability Between Insurers Upheld Based on Contributory Negligence of Drivers.

The case arises from a motor vehicle accident that occurred on 20.05.2013 involving a Honda Activa scooter (KA-18-S-6120) and another vehicle. The cla...

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High Court of Karnataka Dismisses Revision Petition in Rash Driving Case — Conviction Under Sections 279, 337, 338, 304-A IPC Upheld. Concurrent findings of fact by courts below not interfered with as no perversity or illegality found.

The petitioner, Athaulla, was convicted by the Civil Judge (Jr.Dn.) and JMFC, Gudibande in C.C.No.16/2007 for offences under Sections 279, 337, 338 an...

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Bombay High Court Allows Appeal in Railway Accident Compensation Case — Deemed 'Passenger' Under Railways Act Despite Free Pass. Free travel pass issued by Railway Recruitment Board constitutes valid ticket for 'untoward incident' compensation under Section 124A of Railways Act, 1989.

The appellant, Smt. Vaishali wd/o Nitesh Bhalerao, filed a claim for compensation of Rs. 7 lakhs before the Railway Claims Tribunal, Nagpur Bench, fol...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased Driver. Claimants' Cross-Objection for Enhanced Compensation Dismissed as Deceased's Own Negligence Contributed to Accident.

The case arises from a motor accident claim where the deceased, Samsuddin Ansari, died in a truck accident. The claimants, being the wife, minor child...