Search Results for "Rashness and Negligence"

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim, Upholds Finding of Sole Negligence of Auto Driver. Insurer of 5-wheeler auto directed to pay compensation with right to recover from owner for breach of policy conditions under Motor Vehicles Act, 1988.

The appeal arose from a judgment and order dated 12th April 2005 of the Motor Accident Claims Tribunal, Nagpur, in Claim Petition No. 278 of 1994. The...

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High Court of Gujarat Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased Motorcyclist — Applies 50% Deduction for Lack of Driving License and Violation of Traffic Rules

The case arises from a motor accident on 12.08.2014 when the deceased, Sartanbhai Bhalubhai Rathava, was returning as a pillion rider on a motorcycle ...

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Bombay High Court Quashes Criminal Proceedings Against Electricity Department Employee in Death Due to Negligence Case. Lack of Evidence of Rash or Negligent Act by Petitioner Leads to Quashing of FIR and Chargesheet Under Section 304-A IPC.

The petitioner, Krishna Kalangutkar, an Assistant Linesman in the Electricity Department, Bicholim, Goa, filed a criminal writ petition under Section ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian held 50% contributorily negligent for crossing highway without care, reducing insurer's liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal representatives of a deceased pedestrian, Satish Gavali, who died in a vehicular accide...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Absence of Contributory Negligence and Enhances Compensation. Claimants awarded increased compensation under Section 166 of Motor Vehicles Act, 1988 for death of deceased in truck accident, with multiplier of 16 and future prospects.

The appeal was filed by the original claimants, being the wife, minor daughter, and parents of the deceased Deepak Patil, who died in a motor vehicle ...

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High Court of Gujarat Allows Appeal in Motor Accident Claim — Insurance Company Held Liable Despite Absence of Driving License. Breach of Policy Condition Not Established as Owner Failed to Produce License, But Insurance Company Must Pay and Recover.

The appellant, Balwantsinh Mahasukhbhai Chavda, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation for injuries sustained ...