Search Results for "Rashness and Negligence"

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Search Results for "Rashness and Negligence"

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High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 25% to 10% Based on Pedestrian's Position. Deceased pedestrian standing on road corner not crossing; driver's rashness primary cause; Tribunal's finding of 25% contributory negligence set aside as per Section 163A Motor Vehicles Act, 1988.

29 Jan 2026

The appellants, original claimants and legal heirs of deceased Neelamben, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, chal...

High Court

High Court of Gujarat Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased Travelling in Goods Vehicle. The court held that the deceased, an unauthorized passenger in a tempo, contributed to the accident, reducing the award by 50%.

16 Jan 2026

The case arises from a motor accident on 20.10.2000 when the deceased, Nilendrasingh alias Deepak Mansingh Kaplethiya, was travelling in a tempo beari...

High Court

Gujarat High Court Allows Appeal and Enhances Compensation for Injured Bus Passenger in Motor Accident Claim. Negligence of Truck Driver Proved; Tribunal's Award Modified to Include Future Loss of Income and Enhanced Pain and Suffering Under Motor Vehicles Act, 1988.

19 Jan 2026

The appellant, Panchudevi Shantilal Gothi, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries...

High Court

High Court of Bombay at Goa Dismisses Insurer's Appeal in Motor Accident Claim — Negligence Finding Upheld. The Court held that the Tribunal's finding on negligence was not perverse and contributory negligence was not proved by the insurer.

24 Dec 2025

The case arises from a motor accident on 17.01.2021 where Mario Bernard Fernandes (Bernard), riding an Activa scooter, collided with a Toyota Qualis i...

High Court

Bombay High Court Upholds Conviction of Driver in Culpable Homicide Case Involving Twelve Fatalities at Procession. Drunk Driving at High Speed Under Knowledge of Likely Death Falls Under Section 304 Part II IPC, Not Mere Rashness Under Section 304A.

19 Aug 2013

The appellant, a truck driver, was convicted by the trial court under Section 304 Part II of the Indian Penal Code along with other sections for causi...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Negligence of Driver Not Proved by Insurance Company. The court upheld the Tribunal's award of compensation to the legal representatives of a deceased fisherman, holding that the insurer failed to prove breach of policy conditions or contributory negligence.

16 Jul 2026

The appellant, The New India Assurance Co. Ltd., filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and aw...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Rejection of Petition Under Section 163A MV Act — Claimants Entitled to Compensation as Per Structured Formula Despite Alleged Contributory Negligence.

5 Dec 2015

The appellants, Ashabai, Seema, and Umesh, are the legal representatives of the deceased Kalyan Kothi. They filed a claim petition under Section 163A ...

High Court

High Court of Gujarat Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's Scooty Hit from Behind by ST Bus; 50% Contributory Negligence Attributed to Claimant for Sudden Turn Without Indication.

3 Mar 2026

The case arises from a motor accident that occurred on 04.11.2001 when the claimant, Lalitkumar Tulsidas Daiya, was riding his Scooty bearing Registra...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Reduces Contributory Negligence from 50% to 25%. Claimants awarded enhanced compensation of Rs. 11,93,000 with interest at 6% per annum under Motor Vehicles Act, 1988.

24 Jan 2025

The appeal was filed by the claimants, legal representatives of the deceased Vasappa Koti, challenging the judgment and award dated 01.09.2014 passed ...

High Court

Bombay High Court Allows Insurance Company's Appeal Reducing Compensation in Motor Accident Claim — Parents of Deceased Captain Awarded Reduced Amount Due to Contributory Negligence and Deduction of Personal Expenses. The Court held that 50% contributory negligence was attributable to the deceased driver and that 50% deduction for personal expenses was warranted in a claim by parents, reducing the award from Rs.14,76,000 to Rs.3,59,250.

7 Nov 2023

The case arises from a motor vehicle accident on 28 July 2002 on Sangli-Kolhapur Road near Akashwani Kendra, Sangli. Captain Shailendra Karandikar was...

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