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Bombay High Court Allows Appeal in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence. Deceased voluntarily pushed stationary truck and came under wheels; court apportions 50% contributory negligence and reduces award from Rs.1,00,000 to Rs.50,000.

The case arises from a motor accident claim filed by the widow and minor children of Madhukar Pundlik Mahalley, who died on 3rd December 1989 when he ...

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High Court of Karnataka Acquits Accused in Fatal Road Accident Case Due to Lack of Evidence of Rash or Negligent Driving. Conviction under Sections 279, 338, and 304-A IPC Set Aside as Prosecution Failed to Prove Guilty Mind Beyond Reasonable Doubt.

The revision petitioner, Manasing Tukaram Lamani, was the accused in C.C. No. 208/2011 before the Principal Civil Judge and JMFC, Bagalkot. He was con...

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High Court of Bombay at Goa Upholds Conviction for Rash Driving and Causing Grievous Hurt in Road Accident — Evidence of Eye Witnesses and Spot Panchanama Sufficient to Prove Negligence.

The applicant, Sumedh Shetye, was convicted by the Judicial Magistrate First Class, Valpoi for offences under Sections 279 and 338 of the Indian Penal...

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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%.

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...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased Motorcyclist Skidded While Avoiding Bicycle Rider, Held Guilty of Contributory Negligence; Compensation Reduced by 50% Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the parents of deceased Prashant Badwaik, who died in a motorcycle accident on 13/07/2006. The de...

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High Court of Karnataka Dismisses Revision Petition in Rash Driving Case — Conviction Under Sections 279, 337, 338, 304-A IPC Upheld. Concurrent findings of fact by courts below not interfered with as no perversity or illegality found.

The petitioner, Athaulla, was convicted by the Civil Judge (Jr.Dn.) and JMFC, Gudibande in C.C.No.16/2007 for offences under Sections 279, 337, 338 an...

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Bombay High Court Upholds Conviction for Rash Driving Causing Death in Motor Accident Case. Appeal Dismissed as Evidence of Rashness and Negligence Established Beyond Reasonable Doubt Under Sections 279, 304A IPC and Motor Vehicles Act.

The present appeal was filed under Section 374 of Cr.P.C. by the original accused No.1, Sanjay Bhavrao @ Baburao Sapkal, challenging his conviction in...

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High Court of Karnataka Quashes Proceedings Against Financier in Motor Vehicle Tax Default Case — Financier Not Liable for Tax Default of Borrower Under Karnataka Motor Vehicles Taxation Act, 1957. Hypothecation Does Not Confer Possession or Control, Hence No Prima Facie Case Against Financier.

The petitioner, M/s. Shriram Investments Ltd. (now amalgamated with Shriram Transport Finance Co. Ltd.), was a financier for a commercial vehicle bear...

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High Court of Bombay at Aurangabad Upholds Compensation Award in Motor Accident Claim — MSRTC Liable for Negligent Driving Causing Fracture to Claimant. Permanent disability assessed at 20% with multiplier of 16 applied for loss of earning capacity under Motor Vehicles Act, 1988.

The appellant, Maharashtra State Road Transport Corporation (MSRTC), filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging th...