Search Results for "Negligence apportionment"

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Gujarat High Court Dismisses Insurance Appeal in Motor Accident Case, Upholds 50:50 Contributory Negligence Apportionment. Both ST Bus and Truck Drivers Found Negligent Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 12.01.2007 when an ST bus (GJ-18-V-8903) driven rashly rammed into a stationary truck (GJ-7-X-6523) parked wi...

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High Court of Gujarat Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 20% to 10% and Enhances Compensation. Tribunal's finding of contributory negligence set aside as no evidence of negligence by deceased driver; compensation enhanced under Motor Vehicles Act, 1988.

The present appeal under Section 173 of the Motor Vehicles Act, 1988 arises from a judgment and award dated 22.10.2021 passed by the Motor Accident Cl...

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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 Partly Allows Appeal by Insurance Company in Motor Accident Claim — Apportions Liability Between Two Insurers. Oriental Insurance Co. Ltd. held liable for 75% of compensation with right to recover from owner for breach of policy conditions.

The present appeal was filed by Oriental Insurance Co. Ltd., the insurer of the truck involved in the accident, challenging the judgment and award of ...

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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.

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...

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of 40-Year-Old Businessman. Multiplier of 15 applied based on age of deceased, not claimant, under Motor Vehicles Act, 1939.

The case arises from a motor accident claim petition filed by the widow, mother, and three minor children of Hasmukhchandra Shah, who died in a vehicu...