Search Results for "negligence defense"

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Search Results for "negligence defense"

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High Court

Bombay High Court Dismisses Licensee's Challenge to Rejection of Additional Evidence in Suit for Possession. Court holds that applications for leading further evidence and production of additional documents were filed belatedly and without sufficient cause, and that the Appellate Bench's concurrent findings do not warrant interference under Article 227.

28 Apr 2026

The Petitioner, Amines And Plasticizers Limited, was a licensee in two office premises owned by the Respondent, APL Holdings and Investments Limited a...

High Court

Gujarat High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim — Negligence of Tempo Driver Upheld, Income of Deceased Reassessed at Rs.7,500 per Month. The Court applied principles of future prospects and multiplier as per Pranay Sethi and Sarla Verma, enhancing compensation from Rs.6,37,200 to Rs.13,76,600.

25 Mar 2026

The present appeal was filed under Section 173 of the Motor Vehicles Act, 1988, by the original claimants (appellants) being aggrieved by the judgment...

High Court

Gujarat High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased was travelling in a Matador that collided with a truck; court found contributory negligence on part of Matador driver and reduced insurer's liability by 50%.

18 Mar 2026

The case arises from a motor accident that occurred on 16.01.2003, when a Matador bearing registration No.GJ-1TT-9663, in which the deceased Manishbha...

High Court

Madras High Court Enhances Compensation in Motor Accident Claim Case — Apportionment of Negligence Between Driver and Deceased Upheld. The court upheld the Tribunal's finding of contributory negligence at 50% each and recalculated compensation under the Motor Vehicles Act, 1988, applying future prospects and appropriate multiplier.

22 Jan 2026

The case arises from a motor accident that occurred on 10.03.2019, when the deceased, A.R. Rajkumar, was riding a motorcycle and collided with a car d...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Despite Ticket Irregularity. Death of passenger due to fall from train held to be an 'untoward incident' under Section 124A of the Railways Act, 1989, and claimants entitled to compensation.

10 Jan 2024

The case involves an appeal filed by the legal representatives of the deceased, Syed Zafroddin, against the dismissal of their claim for compensation ...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence Established Despite Tyre Burst. Income of Deceased Correctly Assessed Based on Salary Slip, No Deduction for Bhattas Allowed.

17 Feb 2023

The case involves an appeal filed by The New India Assurance Co. Ltd. against the award of the Motor Accident Claims Tribunal in favor of the claimant...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Application of Burden of Proof. Negligence of ST Bus Driver Established Through Res Ipsa Loquitur and Evidence of Bus Crossing into Wrong Side.

8 Dec 2021

The appeal arises from a judgment and award dated 20.12.2006 passed by the Motor Accident Claim Tribunal, Chandrapur, dismissing the claim petition fi...

High Court

Bombay High Court Allows Appeal in Railway Accident Case — Deceased's Fall While Alighting Train at Non-Stoppage Station Held to be Untoward Incident Under Section 123(c) of Railways Act, 1989. Negligence of Deceased Not a Defense Under Section 124A; Legal Heirs Entitled to Compensation.

14 Feb 2020

The appeal arises from the rejection of a claim petition by the Railway Claims Tribunal, Nagpur, in Case No. OA(IIu)NGP/2013/0331. The deceased, Arjun...

High Court

Bombay High Court Allows Compensation for Death Due to Fall from Train, Holding It an 'Untoward Incident' Under Railways Act, 1989. The court held that the railway administration is strictly liable for compensation under Section 124A of the Railways Act, 1989, even if the passenger's own negligence contributed to the incident.

6 Jul 2017

The appellant, Shankar Narayan Rathod (since deceased, represented by his legal heir Gangabai), filed an appeal against the dismissal of his compensat...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Motorcyclist — Deceased Pillion Rider's Death Caused by Rash Driving, Tribunal Erred in Dismissing Claim on Ground of No Negligence. The court held that in a single-vehicle accident involving a pillion rider, the burden to explain the accident lies on the rider, and failure to do so leads to an inference of negligence against the rider under Section 166 of the Motor Vehicles Act, 1988.

5 Sep 2014

The case pertains to a motor accident claim filed by the legal heirs of Josepha Fernandes @ Josepha Da Silva, who died in a motorcycle accident on 17....

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