Search Results for "contributory negligence"

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Negligence Finding and Compensation Award. The court held that the Tribunal correctly assessed contributory negligence and compensation based on evidence, and no interference was warranted.

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the United India Insurance Company Ltd., the insurer of the of...

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High Court of Gujarat Dismisses CRPF's Appeal in Motor Accident Claim — Upholds Tribunal's Finding of Sole Negligence and Multiplier Application. Appellant failed to prove contributory negligence and multiplier of 18 based on deceased's age of 22 years was correctly applied under Motor Vehicles Act, 1988.

The present appeal arises from a judgment and award dated 16.02.2023 passed by the 8th Additional District Judge, Ahmedabad (Rural) at Mirzapur (Tribu...

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Gujarat High Court Allows Appeal in Motor Accident Claim Under Section 163A MV Act — Negligence Assessment Not Permissible Under No-Fault Liability Scheme. Claimants Entitled to Full Compensation Without Deduction for Contributory Negligence.

The present appeal arises from a judgment and award dated 28.06.2017 passed by the Motor Accident Claims Tribunal (Main), Aravalli at Modasa in MACP N...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Bus Driver — Act of God Defence Rejected. Tribunal's finding of no negligence reversed; bus driver held negligent for sudden lane change causing accident.

The appeal arises from a motor accident claim filed by Rajesh Shantilal Sejpal (since deceased, represented by legal heirs) under Section 173 of the M...

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Bombay High Court Allows Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Claim Case — Negligence of Truck Driver Established, Contributory Negligence Not Proved. Claimants awarded enhanced compensation with 6% interest per annum from date of petition.

The judgment arises from two cross-appeals against the award of the Motor Accident Claims Tribunal, Sangli, dated 28 September 2005 in Claim Petition ...

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High Court of Karnataka Allows Appeal in Workmen Compensation Case — Employer-Employee Relationship Established Despite Lack of Documentary Evidence. Claimant entitled to compensation as driver under Section 30(1) of Workmen Compensation Act, 1923.

The appellant, Sri Siddeswara, filed a Miscellaneous First Appeal under Section 30(1) of the Workmen Compensation Act, 1923, challenging the judgment ...

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Bombay High Court Allows Appeal in Motor Accident Claim — Negligence of Driver Proved, No Contributory Negligence by Deceased. Deceased was a pillion rider on motorcycle hit by truck; court held that mere presence of pillion rider on motorcycle does not imply contributory negligence.

The case arises from a motor accident claim filed by the appellants, who are the legal heirs of the deceased pillion rider. The deceased was riding as...