Search Results for "Rashness and Negligence"

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Bombay High Court Allows Appeal for No-Fault Compensation Under Section 140 of Motor Vehicles Act Despite Dismissal of Main Claim for Negligence. The court held that Section 140 compensation is independent of proof of negligence and is payable in cases of permanent disablement.

The appellant, Suresh Shamrao Uieke, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries susta...

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Gujarat High Court Reduces Compensation by 50% in Motor Accident Claim Due to Contributory Negligence of Deceased Driver. Deceased's failure to place warning signs after tyre puncture on highway contributed to accident, leading to apportionment of liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of Sunil Samharu Yadav, who died in a road accident on 19.05.2013. The deceased w...

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High Court of Bombay Allows Insurer's Appeal in Part, Setting Aside Direct Liability for Compensation in Motor Accident Claim Due to Breach of Policy Condition. Insurer Established That Driver Lacked Valid Motorcycle Licence, But Directed to First Pay Claimant and Then Recover from Insured and Driver.

The National Insurance Company appealed against the judgment and award of the Motor Accident Claims Tribunal, Panaji, which had granted compensation o...

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Bombay High Court Upholds Compensation Award in Motor Accident Case — BEST Bus Driver's Negligence Proved. Tribunal's finding of involvement of bus and negligence upheld; compensation reduced from Rs.11,88,000 to Rs.10,38,000 with 7.5% interest.

The appeal was filed by the Mumbai Municipal Corporation (BEST Undertaking) challenging the judgment and award dated 17.7.2015 passed by the Claims Tr...

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High Court of Karnataka Quashes FIR Against School Management in Child Injury Case — No Criminal Intent Established. Incident of confetti spray causing eye injury to child in school bus does not attract Section 125(a) BNS, 2023 as there was no mens rea on part of school authorities.

The petitioner, Divyajyothi School Management, represented by its Head Master A Jiby Anthony, filed a criminal petition under Section 482 of the Code ...

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Madras High Court Partially Allows Appeals in Motor Accident Claim Case — Reduces Compensation for Contributory Negligence. Deceased was riding bicycle without lights and helmet, contributing to accident; 25% contributory negligence attributed.

The case arises from a motor accident claim petition filed by the husband and children of the deceased Shankari, who died in a road accident on Februa...

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High Court of Gujarat Enhances Compensation in Motor Accident Claim — Deemed Passenger for Hire, Not Gratuitous Passenger. Negligence of Tempo Driver Proved; Insurance Company Held Liable to Indemnify Owner Under Motor Vehicles Act, 1988.

The present appeal arises from a judgment and award dated 30.07.2009 passed by the Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra, in M....