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Search Results for "truck driver negligence"

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High Court

Bombay High Court Partially Allows Claimants' Appeal and Dismisses Owner's Appeal in Motor Accident Case — Enhances Compensation for Death of Abdul Shakeel. Negligence of Tractor-Trailer Driver Established; Contributory Negligence Not Proved; Compensation Enhanced from Rs.1,60,500 to Rs.3,50,000 with 7.5% Interest.

27 Jun 2017

The judgment arises from two cross-appeals against the award of the Motor Accident Claims Tribunal, Nagpur in Claim Petition No.815 of 1999. The claim...

High Court

High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Inference of Insurance Drawn from Form Comp AA and Charge-Sheet. The court held that the insurer failed to disprove the existence of the policy, and the claimant's income from vegetable selling and future prospects require consideration for enhancement.

11 Dec 2020

The New India Assurance Co. Ltd. appealed against the award of the Motor Accident Claims Tribunal, challenging the finding that the offending truck wa...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian standing on road was hit by truck; court apportioned 50% contributory negligence and reduced award from Rs. 5,50,000 to Rs. 2,75,000 under Motor Vehicles Act, 1988.

8 Dec 2017

The case arises from a motor accident claim petition filed by the parents of deceased Amrut Jadhav, who died in a truck accident on 03-07-2010. The de...

High Court

High Court of Bombay at Nagpur Allows Appeal in Motor Accident Claim — Apportionment of No Fault Liability Set Aside. Insurer of the vehicle in which deceased was a cleaner held not liable for interim compensation under Section 140 of Motor Vehicles Act, 1988.

19 Jun 2012

The case arises from a motor accident that occurred on 17/11/2009 on Wani-Yavatmal Road involving two trucks: one bearing registration no. MH34/M/6271...

High Court

High Court of Judicature at Bombay Recalculated Motor Accident Compensation in Insurer's Appeal Under Section 173 of Motor Vehicles Act, 1988. Court Reassessed Loss of Dependency, Future Prospects, Consortium and Considered Whether Enhancement Could Be Granted Without Cross-Appeal, Applying Beneficial Legislation Principles.

2 Jul 2025

The appeal arose from a motor accident claim decided by the Motor Accident Claims Tribunal, Mumbai, in Application No.2935 of 1996. The claimants, leg...

High Court

High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Exonerates Insurer Due to Breach of Policy Conditions. Driver Without Valid Driving Licence at Time of Accident Constitutes Fundamental Breach of Insurance Policy Terms Under Section 149(2)(a)(ii) of Motor Vehicles Act, 1988.

19 Aug 2015

The case arises from a motor vehicle accident that occurred on 22 March 1997 at 5:00 p.m. at village Dongargaon, near an orange processing factory, wi...

High Court

High Court of Karnataka Enhances Compensation for Death in Motor Vehicle Accident, Upholds Negligence Finding Against Insurer. The court applied multiplier of 18 and 40% future prospects, reducing interest from 12% to 6%.

11 Aug 2023

The case arises from a motor vehicle accident that occurred on 20.03.2016, when a jeep bearing registration No.KA-33/M-5656, driven by its owner Mahad...

High Court

High Court of Bombay Enhances Compensation in Motor Accident Claim — Apportionment of Liability Between Joint Tortfeasors Based on Degree of Negligence. The court held that where two vehicles are involved in a collision, liability must be apportioned according to the degree of negligence, and the multiplier for a 50-year-old deceased is 13 with 15% future prospects.

26 Jul 2023

The appellants, the widow and two sons of the deceased Shamrao Bhosale, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seek...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian held 50% contributorily negligent for crossing highway without care, reducing insurer's liability under Motor Vehicles Act, 1988.

5 Feb 2021

The case arises from a motor accident claim filed by the legal heirs of Devidas Gujarathi, who died in a road accident on 28th September 2012. The dec...

High Court

Bombay High Court Upholds Conviction for Rash and Negligent Driving Causing Death of Five Persons in Truck-Car Collision on Bombay-Pune Highway. Court Dismisses Revision Against Conviction Under Sections 279, 304(A), 338 IPC and Motor Vehicles Act, Holding That Prosecution Proved Guilt Beyond Reasonable Doubt.

22 Dec 2006

This judgment arises from a criminal revision application filed by the original accused, Mohammed Sannaulla Gausmuddin Amir Sab, challenging his convi...

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