Search Results for "tortfeasor liability"

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High Court of Bombay at Nagpur Dismisses Appeal by Steel Authority of India Ltd. Against Enhanced Compensation in Motor Accident Claim. Employer's Vicarious Liability for Employee's Negligent Driving Upheld Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the respondents, the widow, children, and mother of deceased Vijay Sonone. On 22.12.1998, at abou...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Finding on Negligence. Tribunal's Dismissal Set Aside as Composite Negligence Established and Claimants Entitled to Compensation Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the appellants (husband, son, and mother-in-law of the deceased) before the Motor Accide...

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High Court of Bombay Allows Appeal in Motor Accident Claim — Pillion Rider Cannot Be Held Guilty of Contributory Negligence. The court held that a pillion rider has no control over the vehicle and cannot be attributed negligence unless there is specific evidence of active intervention.

The appellant, a pillion rider on a motorcycle, was injured in an accident involving a tractor. He filed a claim petition before the Motor Accident Cl...

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Bombay High Court Upholds Compensation Award in Motor Accident Case — Insurance Company Liable for Negligent Parking of Vehicle. Truck parked without indication on highway causing accident; insurer held jointly liable with owner for compensation under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 13th March 2009, when the respondent no.1, a minor aged 10 years, was traveling in a Tata Magic...

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Supreme Court Allows Appeal in Tort Conspiracy Suit; Holds High Court Exceeded Jurisdiction in Revision. Release of One Joint Tort-feasor Not Validly Decided by High Court in Revision from Court-Fee Order.

The dispute arose from a suit for damages filed by the plaintiffs, who were members of an association, against the defendants, also members, alleging ...

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High Court of Gujarat Enhances Compensation in Motor Accident Claims for Death and Injury Due to Negligence of Truck Driver. Apportionment of Contributory Negligence Set Aside as Tribunal Erred in Holding Claimants' Vehicle at Fault Without Evidence.

The case arises from a motor accident that occurred on 26.12.2015 when the deceased Govindbhai and injured Kantibhai, along with others, were travelin...

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Bombay High Court Dismisses Insurance Company's Appeal Against Compensation Award for Traumatic Amputation. The Tribunal's assessment of 70% disability and award of Rs.5,02,600 under Section 166 of Motor Vehicles Act, 1988 was upheld as just and proper.

The case involves an appeal by the insurance company against an award of the Motor Accident Claims Tribunal, Mumbai, granting compensation to the clai...

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Gujarat High Court Allows Appeal in Motor Accident Claim Case — 30% Contributory Negligence Deduction Set Aside. Claimants Entitled to Recover Full Compensation from Insurance Company of Joint Tortfeasor Under Motor Vehicles Act, 1988.

The appeal was filed by the claimants, legal heirs of the deceased Pratapbhai Natvarlal Chunara, against the judgment and award dated 29.02.2012 passe...