Search Results for "negligent act"

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Supreme Court Allows Owner's Appeal in Motor Accident Case Due to Minor Driver Dispute — High Court's Finding of Negligence by Minor Set Aside as Evidence Showed Father Was Driving

The appeal arose from a motor accident claim where the deceased Vijay Jumnalkar died after being hit by a Bolero vehicle. The claimants (wife, mentall...

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Bombay High Court Partially Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lower Income Assessment. Deceased's contributory negligence assessed at 50% and monthly income reduced from Rs. 15,000 to Rs. 10,000 under Motor Vehicles Act, 1988.

The appeal was filed by the insurer, Go Digit General Insurance Co. Ltd., challenging the award of the Motor Accident Claims Tribunal which had held t...

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Bombay High Court Allows Enhancement of Compensation in Motor Accident Claim — Apportionment of Liability Between Two Tortfeasors Upheld. Claimants awarded enhanced compensation for death of Sagun Ghadi in a truck collision, with 50% liability each on both truck owners and insurers.

The case arises from a motor accident claim filed by the legal heirs of Sagun Ghadi, who died in a collision between two trucks on 10th September 2005...

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Gujarat High Court Partly Allows Insurance Appeal in Motor Accident Claim — Reduces Future Prospects from 30% to 25% for Deceased Aged 52 Years. Tribunal's Award Modified by Reducing Compensation from Rs.23,50,096/- to Rs.21,28,596/-.

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by Reliance General Insurance Co. Ltd., the insurer of the offend...

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Gujarat High Court Allows Appeal in Motor Accident Claim — Tribunal Erred in Dismissing Claim Without Considering Contributory Negligence. Stationary Vehicle Parked on Public Road Attracts Liability; Case Remanded for Fresh Assessment of Negligence Apportionment.

The case arises from a motor accident claim filed by the appellants (claimants) being the widow and another legal heir of deceased Maheshbhai Parmar. ...

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High Court of Gujarat Partly Allows Appeal in Motor Accident Claim — Enhances Compensation for Deceased Tempo Driver. Tribunal's Income Assessment Modified Based on Minimum Wages and Future Prospects Added Under Pranay Sethi Principles.

The case arises from a motor accident claim filed by the appellants, who are the original claimants, seeking compensation for the death of a 40-year-o...

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Gujarat High Court Allows Appeal in Motor Accident Claim Due to Wrong Multiplier and Contributory Negligence Finding. Compensation Enhanced by Applying Multiplier of 18, Adding 40% Future Prospects, and Reducing Deduction to 1/4th Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 23.05.2015 when the deceased Savitaben and injured Gautambhai were traveling in a Tavera car to Pavagadh. A t...

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Gujarat High Court Allows Appeal and Enhances Compensation in Motor Accident Claim for Death in Marriage Procession. Tribunal's Award Found Inadequate Under Section 173 of Motor Vehicles Act, 1988.

The appellants, original claimants, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 10.05.2019...