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Search Results for "truck driver negligence"

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High Court

Bombay High Court Allows Appeal by Insurer in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Held that where the deceased was driving a motorcycle without a valid driving license and contributed to the accident, the insurer is liable to pay compensation but is entitled to recover the same from the owner of the vehicle.

16 Apr 2019

This appeal arises from a judgment and award of the Motor Accident Claims Tribunal in MACP No. 559 of 2007. The appellant, Smt. Kamal wd/o Daulatrao D...

High Court

High Court of Bombay at Goa Acquits Appellant in Rash Driving Case Due to Lack of Evidence of Rashness or Negligence. Conviction under Sections 279, 304-A IPC and Motor Vehicles Act set aside as prosecution failed to prove that the accused drove in a rash or negligent manner causing death.

7 Dec 2020

The appellant, Sagar Lolienkar, was convicted by the Additional Sessions Judge, South Goa, Margao, for offences under Sections 279 (rash driving) and ...

High Court

Bombay High Court Dismisses Appeal by Insurer in Motor Accident Claim — Insurer Liable for Gratuitous Passenger in Goods Vehicle. The court upheld the award of Rs. 19,500 with 12% interest for injuries sustained by a gratuitous passenger, as the policy covered third-party risks and the accident occurred during the validity period.

5 Jul 2010

The appeal was filed by New India Assurance Company Limited against the judgment and award dated 5th July 1995 passed by the Motor Accident Claims Tri...

High Court

High Court of Karnataka Dismisses Insurance Appeals in Motor Accident and Workmen Compensation Cases — Upholds Awards for Injured Driver and Deceased Victim's Dependents. Insurer's Liability Affirmed Despite Alleged Policy Violations and Lack of Driving License.

5 Jan 2015

The High Court of Karnataka at Dharwad disposed of a batch of miscellaneous first appeals filed by insurance companies against awards of compensation ...

High Court

High Court of Karnataka Dismisses Insurance Appeals in Motor Accident and Workmen Compensation Cases — Upholds Awards for Injured Driver and Deceased Worker's Dependents. Insurer's Liability Affirmed Despite Alleged Policy Violations and Lack of Driving License.

5 Jan 2015

This judgment involves multiple Miscellaneous First Appeals filed by insurance companies against awards of compensation under the Workmen's Compensati...

High Court

Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Goods Vehicle Passengers Not Covered Under Policy. Deceased were unauthorized passengers in a goods vehicle, hence insurer not liable under Section 147 of Motor Vehicles Act, 1988.

27 Sep 2013

The case involves two first appeals filed by the New India Assurance Company Ltd. challenging the judgments and awards dated 16-06-2010 passed by the ...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Case — Sets Aside Dismissal of Claim Petition for Non-Prosecution. Tribunal Erred in Dismissing Claim Without Considering Merits Despite Claimant's Absence Due to Injuries.

6 Mar 2026

The appellant, Rameshbhai Gordhanbhai Dhaduk, was the original claimant in a motor accident claim petition (M.A.C.P. No. 1102 of 2008) before the Moto...

High Court

High Court of Bombay at Goa Upholds Owner's Liability in Motor Accident Claim Despite Insurance Policy Cancellation — Insurer's Failure to Prove Valid Cancellation Before Accident Results in Joint Liability. The court held that under Section 147 of the Motor Vehicles Act, 1988, the insurer must prove valid cancellation before the accident to avoid liability, and the owner and driver remain jointly and severally liable.

4 Aug 2017

The case arises from a motor accident claim where the original claimant, Smt. Radeshree G. Gad, filed a claim petition before the Motor Accident Claim...

High Court

Madras High Court Acquits Accused in Fatal Road Accident Case Due to Inconsistent Evidence and Failure to Prove Rash and Negligent Driving. Conviction under Sections 279, 338, 304A IPC Set Aside as Prosecution Failed to Establish Guilt Beyond Reasonable Doubt.

10 Jan 2025

The case arises from a road accident on 30.10.2016 at about 2.15 p.m. on Mohanur to Karur Road near Vangal Bridge. The defacto complainant Jagadeeswar...

Supreme Court

Supreme Court Allows Claimant's Appeal in Motor Accident Case, Rejects Contributory Negligence and Enhances Compensation. Court found trailer driver solely negligent based on FIR and charge sheet, applying preponderance of probabilities standard under Section 166 of Motor Vehicles Act, 1988, and held learner's licence violation does not establish negligence.

25 Mar 2025

The dispute arose from a motor accident on 03.11.1999 involving a Block Development Officer (claimant) riding pillion on a scooter that collided with ...

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