Search Results for "truck driver negligence"

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Bombay High Court Upholds Owner's Liability in Motor Accident Claim Despite Insurance Policy Breach — Res Ipsa Loquitur Applied to Prove Negligence. Owner Held Vicariously Liable for Driver's Negligence When Truck Hit Tree, Injuring Passenger Carried for Hire.

The appellant, Shivananda Basavanappa Konapure, owned a truck that was involved in an accident on 23 November 1987. The respondent, Vishwanath Tatya K...

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High Court of Bombay at Aurangabad Upholds Conviction of Truck Driver in Rash Driving Death Case. Causal Link Between Negligent Driving and Death Established Under Section 304-A IPC.

The applicant, Mahendra Madhukar Jagdale, was the driver of a truck bearing registration No. MH-20-A-6964. On 16 June 2003 at about 3:00 p.m., the com...

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim, Upholds Finding of Sole Negligence of Auto Driver. Insurer of 5-wheeler auto directed to pay compensation with right to recover from owner for breach of policy conditions under Motor Vehicles Act, 1988.

The appeal arose from a judgment and order dated 12th April 2005 of the Motor Accident Claims Tribunal, Nagpur, in Claim Petition No. 278 of 1994. The...

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High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Truck Parked Without Lights Found Solely Negligent. Deceased Motorcyclist Not Guilty of Contributory Negligence as Unlit Stationary Truck Was Unavoidable Hazard Under Motor Vehicles Act, 1988.

The present appeal was filed by the National Insurance Company Ltd against the judgment and order of the Motor Accident Claims Tribunal, Nagpur, in Mo...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Truck Driver Established by FIR and Police Papers. No Evidence of Contributory Negligence by Jeep Driver Adduced, Hence Tribunal's Award of Rs.9,12,000/- Upheld.

The case arises from a fatal motor accident that occurred on 20 July 2007. The deceased, Raman Ghatule, along with others, was returning to his villag...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Truck Driver Proved. Compensation of Rs.10,72,500/- with 9% Interest Upheld as Just and Proper Under Motor Vehicles Act, 1988.

The appeal was filed by the National Insurance Company Limited against the judgment and award dated 07.11.2015 passed by the Motor Accident Claims Tri...

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High Court of Gujarat Allows Appeal in Motor Accident Claim — Negligence of Truck Driver Established, Tribunal Erred in Holding Deceased Negligent. Claimants entitled to compensation under Motor Vehicles Act, 1988 as the accident was caused solely by the rash and negligent driving of the truck driver.

The case arises from a motor accident that occurred on 27.09.1994, when the deceased, Arvindbhai Shankarlal Patel, was driving his jeep to Chanasma. A...

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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...