Search Results for "Negligence Finding"

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High Court of Gujarat Partly Allows Appeal in Motor Accident Claim Case — Reduces Contributory Negligence Deduction from 40% to 20% and Enhances Compensation. Negligence of Truck Driver Established Through FIR and Panchnama, Deceased's Income Assessed at Rs.4,000 Per Month Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of Mustufabhai Mohammadbhai Vohra, who died in a vehicular accident on 2...

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Gujarat High Court Dismisses GSRTC Appeal in Motor Accident Claim — Negligence of ST Bus Driver Proved. Bus dashed into parked rickshaw from behind, causing death and injuries; Tribunal's finding of negligence upheld.

The Gujarat State Road Transport Corporation (GSRTC) filed three first appeals under Section 173 of the Motor Vehicles Act, 1988, challenging the judg...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — No Contributory Negligence Found. Tribunal's Award of Rs.39,80,000/- Upheld as Findings Were Based on Evidence and Not Perverse Under Section 173 of Motor Vehicles Act, 1988.

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

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Bombay High Court Allows Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Claim Case — Negligence of Truck Driver Established, Contributory Negligence Not Proved. Claimants awarded enhanced compensation with 6% interest per annum from date of petition.

The judgment arises from two cross-appeals against the award of the Motor Accident Claims Tribunal, Sangli, dated 28 September 2005 in Claim Petition ...

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Bombay High Court Allows Appeal in Motor Accident Claim — Pillion Rider Covered Under Section 163-A of Motor Vehicles Act, 1988. Held that the expression 'any person' in Section 163-A includes a pillion rider and that the petition is maintainable even in a hit-and-run case.

The appellant, Lalita wd/o Rajkumar Sawalkar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, which was later converted to a...

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High Court of Bombay at Goa Acquits Appellant in Rash Driving Case Due to Lack of Evidence of Rashness or Negligence. Conviction under Sections 279, 304-A IPC and Motor Vehicles Act set aside as prosecution failed to prove that the accused drove in a rash or negligent manner causing death.

The appellant, Sagar Lolienkar, was convicted by the Additional Sessions Judge, South Goa, Margao, for offences under Sections 279 (rash driving) and ...

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Bombay High Court Upholds Compensation Award in Motor Accident Case — Insurance Company Liable for Negligent Parking of Vehicle. Truck parked without indication on highway causing accident; insurer held jointly liable with owner for compensation under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 13th March 2009, when the respondent no.1, a minor aged 10 years, was traveling in a Tata Magic...

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High Court of Bombay at Goa Dismisses Appeal by KTC in Motor Accident Claim — Negligence of Bus Driver Upheld. Compensation of Rs. 5,52,000 awarded to widow and children of deceased van driver, with income assessed at Rs. 3,000 per month, multiplier 16, and 50% future prospects.

The case arises from a motor accident claim filed by the widow and minor children of Francisco Da Costa, who died in a collision between a Maruti van ...