Search Results for "Rashness and Negligence"

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High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim Under Section 163A MV Act — No Defence of Contributory Negligence Available in Structured Formula Claims. Insurer Liable to Pay Compensation Despite Alleged Negligence of Deceased as Section 163A is a No-Fault Liability Scheme.

The appeal arises out of a judgment and award dated 20.06.2013 in M.V.C.No.301/2011 passed by the Principal Senior Civil Judge & M.A.C.T., Puttur, D.K...

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Gujarat High Court Allows Appeal and Enhances Compensation for Pillion Rider Death in Motor Accident Claim. Pillion Rider Cannot Be Held Contributorily Negligent for Rider's Sudden Braking; Compensation Enhanced Under Motor Vehicles Act, 1988.

The appeal arose from a judgment and award dated 10.07.2024 of the Motor Accident Claims Tribunal (Aux.) Mahisagar at Lunawada in M.A.C.P. No. 84 of 2...

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High Court of Bombay at Nagpur Bench Upholds Compensation Award in Motor Accident Claim — Insurance Company Liable for Death of Student. The court affirmed the Tribunal's award of Rs. 4,50,000 with interest, rejecting the Insurance Company's plea of breach of policy conditions and contributory negligence.

The case arises from a motor accident claim petition filed by the parents of Rajesh, a 19-year-old student who died in a road accident on 4-5 July 199...

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High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Driver Without Valid Licence Constitutes Breach of Policy Condition. Insurer Directed to Pay Compensation and Recover from Owner Under 'Pay and Recover' Principle.

The case arises from a motor accident claim petition filed by the legal heirs of Sanjay Dongre, who died in a road accident on 7 November 2000. The de...