Search Results for "contributory negligence"

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Madras High Court Dismisses Insurance Company's Appeal in Motor Accident Case — Negligence of Insured Vehicle Driver Upheld. Tribunal's Finding of Negligence Based on Evidence Cannot Be Interfered With Under Section 173 of Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 13.06.2022 at about 11.15 p.m. on the Tirunelveli–Kanyakumari National Highway. The deceased ...

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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.

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...

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High Court of Gujarat Enhances Compensation in Motor Accident Claim — Negligence Attribution and Quantum of Compensation under Motor Vehicles Act, 1988. The court held the truck driver solely negligent and enhanced compensation from Rs.8,00,960 to Rs.12,00,000 for the death of a 35-year-old tailor.

The present appeal arises from the impugned judgment and award dated 07.09.2013 passed by the Motor Accident Claims (Aux.) Tribunal at Surat in Motor ...

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Gujarat High Court Reduces Compensation in Motor Accident Case Due to Contributory Negligence of Deceased Driver. Truck driver died after colliding with a parked trailer; court apportioned 40% contributory negligence on deceased for not noticing stationary vehicle.

The case arises from a motor accident on 11.11.2009 when deceased Punabhai alias Rameshbhai Manglabhai Malivad was driving truck GJ-7Z-9264 from Vadod...

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Supreme Court Allows Appeal in Motor Accident Claim Case, Restores Tribunal's Finding on Negligence and Enhances Compensation. Contributory negligence cannot be presumed without evidence; monthly income assessed at Rs.62,725/- based on pay slip.

The present appeals arise from a motor accident claim where the deceased, Boobalan, aged 38, died in a collision with a BMTC bus on 6 June 2016. The d...

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Bombay High Court Allows Appeal in Railway Accident Claim — Death of Passenger Due to Fall from Train Held Untoward Incident. Mother of Deceased Entitled to Compensation Under Section 124-A of the Railways Act, 1989 as Negligence Not a Defence.

The appeal was filed by the mother of the deceased, Dinesh, challenging the judgment of the Railway Claims Tribunal, Nagpur, which rejected her claim ...

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Bombay High Court Allows Appeal in Motor Accident Claim — Negligence of ST Bus Driver Established. Compensation Enhanced from Rs. 1,08,000 to Rs. 3,24,000 with 6% Interest.

The appellants, being the parents and minor brother of the deceased Jakir Tamboli, filed a claim for compensation under the Motor Vehicles Act, 1988, ...