Search Results for "contributory negligence"

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Gujarat High Court Upholds 50% Contributory Negligence in Truck-Bus Collision — Insurance Company Liable to Pay Compensation with 9% Interest. The Court held that the deceased truck driver was equally negligent for the accident and the insurance company must pay the awarded amount.

The case arises from a motor accident on 05.11.2014 on the Ahmedabad-Vadodara Express Highway. The deceased, Shambhubhai Fatabhai Talar, was driving 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...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Sole Negligence of Truck Driver Upheld. Compensation of Rs.10,88,944/- with 6% Interest Confirmed as No Contributory Negligence or Breach of Policy Conditions Proved Under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 20.11.2002 at around 6:30 p.m. on Patanpura Ridrol road. The deceased, Mukeshbhai Mafatlal Praj...

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High Court of Karnataka Reduces Compensation in Motor Accident Claim Due to Contributory Negligence and Lack of Income Proof. Claimant's disability assessed at 10% whole body, but contributory negligence of 50% applied as accident occurred due to negligence of both rider and claimant.

The appeal arises from a judgment and award dated 31.12.2018 passed by the Senior Civil Judge and JMFC and MACT, N.R.Pura in MVC No.540/2017. The appe...

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High Court of Karnataka Enhances Compensation for Death of Minor in Motor Vehicle Accident, Reduces Negligence from 25% to 10%. Minor Pillion Rider Cannot Be Attributed Contributory Negligence Under Motor Vehicles Act, 1988.

The appeal was filed by the claimants, parents of a minor son aged about 4 years who died in a motor vehicle accident. The accident occurred when 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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High Court of Karnataka Allows Appeal in Motor Accident Claim Case — Compensation Enhanced from Rs. 10,52,000 to Rs. 16,82,000. Multiplier Corrected from 13 to 14 Based on Deceased's Age of 35 Years, Future Prospects Added at 40%, and Deduction Reduced to 1/4th for Five Dependents.

The claimants, being the wife, minor children, and parents of deceased Shivanna, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988,...

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Bombay High Court Partly Allows Owner's Appeal in Motor Accident Claim — Reduces Compensation for Death of 15-Year-Old Boy Due to Contributory Negligence. Owner of Tractor Held Liable for Negligence of Driver but Compensation Reduced by 50% for Deceased's Contributory Negligence in Sitting on Tractor.

The case arises from a motor accident claim filed by the original claimants (respondents No. 1 to 4) under Section 166 of the Motor Vehicles Act, 1988...