Search Results for "Victim Negligence Defence"

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Madras High Court Dismisses Insurance Company's Appeal in Motor Accident Claim, Upholds Tribunal's Finding of Tractor Involvement. Eyewitness testimony and contemporaneous documents supported the claim, and compensation calculation was as per settled principles.

The case arises from a fatal motor accident that occurred on 06.02.2013 at about 7.30 p.m. The deceased, Nagaraj, was riding his two-wheeler (TVS 50) ...

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High Court Allows Writ Petition, Sets Aside Civil Judge's Order Rejecting Application for Judgment on Admission Under Order XII Rule 6 of CPC in Property Fraud Case Involving Forged Deeds and Impersonation

The Petitioner, filed a Writ Petition under Article 226 of the Constitution of India challenging the Civil Judge, Thane's order dated 12th September 2...

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Appeals under Section 173 of Motor Vehicle Act in Fatal Accident Case. Disputing Liability and Compensation.

Appeals filed under Section 173 of the Motor Vehicle Act against a judgment and award issued by the Motor Accident Claim Tribu...

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Supreme Court Upholds Conviction but Reduces Sentence in Rash and Negligent Driving Case. Conviction under Sections 279 and 304A IPC Maintained While Substantive Imprisonment Reduced to Period Already Served Based on Mitigating Circumstances Including Compensation Payment and Family Situation.

The Supreme Court considered a criminal appeal challenging conviction and sentence for offences under Sections 279 and 304A of the Indian Penal Code a...

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High Court of Karnataka Enhances Compensation for Tempo Accident Victim — Owner Held Liable Despite Insurance Exclusion. Coolie Injured in Rash Driving Awarded Rs. 3,00,000/- Under Motor Vehicles Act, 1988.

The appellant, Munikrishna Murthy, was a coolie traveling in a tempo bearing registration No.KA-04/B-622 owned by respondent No.1 (Abraham) on 2.3.200...

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Supreme Court Upholds Death Sentence for Six Accused in Brutal Dacoity, Murder, and Gang Rape Case. The court restored the death penalty for all six accused, reversing the High Court's reduction of sentence for three of them, based on the 'rarest of rare' doctrine.

The Supreme Court of India heard a batch of appeals arising from a brutal home invasion and massacre that occurred on the night of June 5-6, 2003, in ...

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Bombay High Court Allows Appeal in Railway Accident Compensation Case — Parents of Deceased Passenger Entitled to Compensation Under Section 124-A of Railways Act, 1989. Death Caused by Fall from Overcrowded Train Constitutes an Untoward Incident.

The appeal arises from the dismissal of a compensation claim by the Railway Claims Tribunal, Nagpur Bench. The appellants, Shobhabai and Ganesh Gaikwa...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Injured Claimants. Tractor Accident Victim Awarded Rs.1,50,000 with 6% Interest for Fracture Injuries Under Section 166 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by Venkatesh and Neelamma, husband and wife, who sustained injuries in a tractor accident on 19.10.2...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased Driver. Claimants' Cross-Objection for Enhanced Compensation Dismissed as Deceased's Own Negligence Was Established.

The case arises from a motor accident claim filed by the legal heirs of Samsuddin Ansari, who died in a collision between a truck (MP-20-HB-5499) and ...