Search Results for "Dulcina Fernandes"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...

Search Results for "Dulcina Fernandes"

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Supreme Court

Supreme Court Allows Claimant's Appeal in Motor Accident Case, Rejects Contributory Negligence and Enhances Compensation. Court found trailer driver solely negligent based on FIR and charge sheet, applying preponderance of probabilities standard under Section 166 of Motor Vehicles Act, 1988, and held learner's licence violation does not establish negligence.

25 Mar 2025

The dispute arose from a motor accident on 03.11.1999 involving a Block Development Officer (claimant) riding pillion on a scooter that collided with ...

High Court

High Court of Bombay Upholds Compensation Award in Motor Accident Claim Against Union of India — Military Vehicle Involvement Established by Preponderance of Evidence. The court affirmed that the claimants need only prove their case on a balance of probabilities, not beyond reasonable doubt, under Section 166 of the Motor Vehicle Act, 1988.

9 Apr 2015

The case involves two appeals filed by the Union of India and the Officiating Commanding Officer, T. A. (Kamptee) against the award of compensation to...

High Court

High Court of Karnataka Allows Insurance Company's Appeal and Dismisses Claimants' Appeal in Motor Accident Compensation Case — Multiplier Corrected from 14 to 13, Future Prospects Not Applicable as Deceased was 46 Years Old and Self-Employed. The Court recalculated compensation using multiplier 13 and notional income of Rs.8,000 per month, reducing interest from 9% to 6% per annum.

8 Jul 2020

The case involves two cross-appeals arising from a motor accident claim. The accident occurred on 18-05-2015 when the deceased Mahammad Raffik, aged 4...

High Court

Bombay High Court Partly Allows BEST's Appeal in Motor Accident Claim, Reduces Compensation for Pan Shop Owner. Court holds that notional income for self-employed person with no proof of income should be based on minimum wage guidelines, and reduces compensation from Rs. 13,50,073 to Rs. 9,00,000.

5 Oct 2023

The case involves an appeal filed by the Bombay Electric Supply and Transport Undertaking (BEST) under Section 173 of the Motor Vehicles Act, 1988, ch...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Application of Burden of Proof Under Section 163A MV Act. Claimant's Failure to Prove Negligence Not a Ground for Dismissal Under No-Fault Liability Scheme.

1 Jan 2026

The present appeal arises from a judgment of the Calcutta High Court dated 27.09.2022, which affirmed the dismissal of a claim petition filed by the o...

Supreme Court

Supreme Court Restores Compensation in Motor Accident Claim — Bus Driver's Negligence Established by Preponderance of Probabilities. Non-examination of Pillion Rider Not Fatal to Claim Under Motor Vehicles Act, 1988.

14 Feb 2019

The case arises from a motor accident on 28 October 2011, when Sitaram, a senior government school teacher, was riding a motorcycle with a pillion rid...

High Court

High Court of Karnataka Dharwad Bench Delivers Judgment in Motor Accident Claim Appeal Involving Air Force Sergeant Paralyzed in Road Accident. Tribunal's Dismissal of Claim Based on Lack of Complainant's Complaint and Criminal Charge Sheet Challenged.

21 Sep 2021

The appellant, a former Sergeant in the Indian Air Force, sustained grievous injuries in a road traffic accident on 03.02.2007, resulting in 100% disa...

High Court

Bombay High Court Partly Allows BEST Appeal in Motor Accident Claim, Reduces Compensation for Loss of Earning Capacity Due to Lack of Evidence of Permanent Disability. The Court held that without medical evidence of functional disability, compensation for loss of earning capacity cannot be granted under Section 173 of the Motor Vehicles Act, 1988.

5 Oct 2023

The case involves an appeal by the Bombay Electric Supply and Transport Undertaking (BEST) against a judgment and award of the Motor Accident Claims T...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Disbelief of Eyewitness — Negligence of Car Driver Established. The court restored the Tribunal's award of Rs. 16,08,000 with interest, holding that the High Court's rejection of the eyewitness was conjectural and that the accident was caused by the car driver's rash and negligent driving.

1 Jan 2020

The case arises from a motor accident on 25.03.2009 near Ghazipur, Uttar Pradesh, where a car driven by Sanjeev Kapoor collided with a truck. Sandeep ...

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