Search Results for "Negligence apportionment"

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High Court of Gujarat Allows Insurance Appeals in Motor Accident Case — Apportionment of 50% Liability on Bus Driver Set Aside. Truck Parked Unattended Without Signals on Service Road at Night Held Solely Negligent Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 12.06.2015, where a luxury bus (GJ-10-W-9585) collided with a stationary truck (GJ-23-V-2544) parked on a ser...

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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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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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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Violation of Policy Condition Due to Invalid Driving Licence. Insurer Not Liable to Pay Compensation as Driver Possessed Fake Licence, But Directed to Pay and Recover from Owner.

The case involves three first appeals filed by New India Assurance Company Ltd. against the common judgment and award passed by the Motor Accident Cla...

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High Court of Karnataka Dismisses Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Compensation Case. Multiplier applied as per Sarla Verma, future prospects granted at 40% for self-employed deceased, compensation recalculated.

The case arises from a motor accident claim for compensation. The deceased, a 25-year-old bachelor, died in a road accident involving a vehicle insure...

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Bombay High Court Allows Appeal in Motor Accident Claim for Permanent Disability and Loss of Earning Capacity. Compensation Enhanced from Rs. 1,50,000 to Rs. 3,00,000 Under Section 166 of Motor Vehicles Act, 1988 for Severe Injuries Sustained by Rider of Luna Moped.

The appellant, Kishor Thaokar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a motor vehic...

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Bombay High Court Dismisses MSRTC Appeal in Motor Accident Claim — Upholds Compensation for Deceased Engineer. Contributory Negligence Not Established; Tribunal's Assessment of Income, Multiplier, and Dependency Upheld Under Motor Vehicles Act, 1988.

The appeal was filed by the Maharashtra State Road Transport Corporation (MSRTC) against the judgment and award dated 31-07-2006 passed by the Motor A...