Search Results for "rash and negligent driving"

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Gujarat High Court Allows Appeal in Motor Accident Claim Case — 10% Contributory Negligence Set Aside and Compensation Enhanced. Rear-end collision by truck held solely negligent; multiplier of 17 applied with 40% future prospects for self-employed deceased aged 30.

The present appeal arises out of a judgment and award dated 01.12.2012 passed by the Motor Accident Claims Tribunal, Ahmedabad in MACP No.1145 of 2005...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Injured Claimant. Driver's License Found Fake but Insurance Company Failed to Prove Owner's Knowledge or Negligence in Verification.

The case arises from a motor accident that occurred on 02.01.2015 when the original claimant, Sanjaybhai Vallabhbhai Mistri, was riding his motorcycle...

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High Court of Karnataka Allows Appeal for Enhancement of Compensation in Motor Accident Claim — Negligence of Canter Driver Upheld. Claimants, parents of deceased aged 45, awarded enhanced compensation with 40% future prospects and multiplier of 14 under Motor Vehicles Act, 1988.

The appeal was filed by the claimants, Sri Thimmappa @ Pooja Thimmappa and Smt. Sujathamma @ Pooja Ramanjanappagari Sujathamma, who are the parents of...

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High Court of Karnataka Allows Owner's Appeal in Motor Accident Claim — Insurer Liable Despite Invalid Driving Licence Due to Lack of Causal Connection. Owner Not Required to Pay Compensation Where Insurer Fails to Prove That Licence Breach Caused Accident.

The case involves two appeals filed by the owner of a vehicle, Sri Vijayakumar, against the judgment and award of the Motor Accidents Claims Tribunal ...

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Bombay High Court Dismisses MSRTC Appeal in Motor Accident Claim — Negligence of Bus Driver Upheld. Compensation of Rs. 18,91,600 with 7.5% Interest Affirmed Under Motor Vehicles Act, 1988 for Death of Motorcyclist.

The case arises from a motor accident claim filed by the widow and son of Kashinath Zanje, who died in a road accident on 21 February 2015. The deceas...

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High Court of Bombay at Goa Quashes FIR in Rash Driving Case Based on Compromise Between Parties. Offences Under Sections 279, 338, 504 IPC Held to Be Non-Serious and Compoundable with Court's Permission, Allowing Quashing in the Interest of Justice.

The petitioner, Padmanabh Rawal, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No....

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof and Applies Multiplier of 16 Instead of 17. Deceased's income assessed notionally at Rs. 4,000 per month for a 32-year-old helper with no documentary evidence of salary.

The case arises from a motor accident claim petition filed by the legal heirs of Pandharinath Rathod, who died in a road accident on 26 March 2009. Th...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian held 50% contributorily negligent for crossing highway without care; insurer's liability reduced proportionately under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of a deceased pedestrian against the owner and insurer of a truck. The accident o...

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Bombay High Court Dismisses MSRTC Appeal in Motor Accident Claim — Upholds Compensation for Deceased Engineer. Contributory Negligence Not Established; Tribunal's Assessment of Income, Multiplier, and Dependency Upheld Under Motor Vehicles Act, 1988.

The appeal was filed by the Maharashtra State Road Transport Corporation (MSRTC) against the judgment and award dated 31-07-2006 passed by the Motor A...