Search Results for "Negligence Assessment"

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Gujarat High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased was travelling in a Matador that collided with a truck; court found contributory negligence on part of Matador driver and reduced insurer's liability by 50%.

The case arises from a motor accident that occurred on 16.01.2003, when a Matador bearing registration No.GJ-1TT-9663, in which the deceased Manishbha...

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Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Lack of Income Proof. Compensation reduced from Rs.35,84,800/- to Rs.22,80,000/- as deceased's income assessed notionally at Rs.1,80,000/- per annum under Section 166 of Motor Vehicles Act, 1988.

The appeal was filed by The New India Assurance Company Limited against the judgment and award dated 25.03.2022 passed by the Motor Accident Claims Tr...

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Gujarat High Court Allows Appeal in Motor Accident Claim, Holds Contributory Negligence Not Applicable to Third-Party Claimant. Court sets aside Tribunal's finding of sole negligence on jeep driver and remands for fresh assessment of compensation under Motor Vehicles Act, 1988.

The appellant, Nagjibhai Dhanabhai Rabari, the original claimant, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging ...

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Gujarat High Court Partly Allows Insurance Company's Appeal Reducing Compensation in Motor Accident Claim Due to Contributory Negligence and Income Assessment Error. Claimant's contributory negligence fixed at 50% and income reduced from Rs.9,000 to Rs.6,000 per month under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the original claimant, Krishnamurari Ramsevak Mahanto, who sustained severe injuries due...

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High Court of Karnataka Reduces Compensation in Motor Accident Claim Due to Contributory Negligence and Lack of Income Proof. Claimant's disability assessed at 10% whole body, but contributory negligence of 50% applied as accident occurred due to negligence of both rider and claimant.

The appeal arises from a judgment and award dated 31.12.2018 passed by the Senior Civil Judge and JMFC and MACT, N.R.Pura in MVC No.540/2017. The appe...

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Supreme Court Allows Appeals for Enhancement of Compensation in Motor Accident Deaths of Housewife and Minor Child. Sets Aside Contributory Negligence Deduction for Passengers in Horse Cart, Awards Future Prospects for Housewife and Minor.

The Supreme Court allowed appeals by the claimants, enhancing compensation for the death of a housewife and her minor daughter in a motor accident. Th...

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High Court of Bombay at Aurangabad Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income and Negligence. The court held that the Tribunal erred in fixing income of the deceased without evidence and in not considering contributory negligence.

The case involves an appeal by the National Insurance Company Ltd. against the judgment and award of the Motor Accident Claims Tribunal at Aurangabad ...