Search Results for "contributory negligence"

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Search Results for "contributory negligence"

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High Court

High Court of Gujarat Partly Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to 50% Contributory Negligence of Deceased Motorcyclist. Deceased Teacher's Dependency Recalculated Using Multiplier of 17 and 50% Future Prospects, Resulting in Reduced Award of Rs. 9,61,000.

11 Feb 2026

The case arises from a motor accident on 29.10.2001 when the deceased, Prafullaben Mansukhbhai Harsoda, a 26-year-old government school teacher, was r...

High Court

High Court of Gujarat Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Contributory Negligence and Reduced Compensation. Deceased's contributory negligence assessed at 20% as the jeep in which she was travelling stopped abruptly on the highway to pick up a passenger, and notional income of Rs.3,000/- per month applied in absence of proof.

10 Feb 2026

The appeal was filed by the National Insurance Company Ltd. against the judgment and award dated 21.08.2017 passed by the Motor Accident Claims Tribun...

High Court

Madras High Court Enhances Compensation in Motor Accident Claim Case — Apportionment of Negligence Between Driver and Deceased Upheld. The court upheld the Tribunal's finding of contributory negligence at 50% each and recalculated compensation under the Motor Vehicles Act, 1988, applying future prospects and appropriate multiplier.

22 Jan 2026

The case arises from a motor accident that occurred on 10.03.2019, when the deceased, A.R. Rajkumar, was riding a motorcycle and collided with a car d...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Under Section 163A MV Act — Negligence Apportionment Not Permissible Under No-Fault Liability Scheme. Claimants entitled to full compensation without deduction for contributory negligence as petition under Section 163A is structured on no-fault basis.

6 Jan 2026

The present appeal arises from a judgment and award dated 28.06.2017 passed by the Motor Accident Claims Tribunal (Main), Aravalli at Modasa in MACP N...

Supreme Court

Supreme Court Allows Appeals in Motor Accident Claim Cases Due to Erroneous Application of Contributory Negligence. Claim petitions under Section 166 of Motor Vehicles Act, 1988 dismissed by Tribunal and High Court on ground of contributory negligence of deceased driver, but Supreme Court held that negligence of driver cannot be attributed to other deceased passengers who were not driving.

1 Jan 2026

The appeals arise from a common judgment of the Allahabad High Court affirming the dismissal of claim petitions by the Motor Accident Claims Tribunal,...

Supreme Court

Supreme Court Allows Claimants' Appeal in Motor Accident Case for CA Student, Enhancing Compensation for Future Prospects. Notional Income of Rs. 15,000 per month with 40% future prospects applied under Motor Vehicles Act, 1988.

1 Jan 2026

The case arises from a motor accident on 11.06.2013 when a Wagon-R car collided with a stationary truck on the BRT Corridor, Delhi, resulting in the d...

High Court

High Court of Karnataka Reduces Compensation in Motor Accident Claim Case Due to Contributory Negligence and Error in Income Calculation. Claimant's contributory negligence assessed at 30% and notional income reduced from Rs.12,000 to Rs.9,000 per month for a pillion rider with no proof of income.

1 Aug 2024

The case arises from a motor accident claim petition filed by the legal representatives of Supreeth S., a 24-year-old bachelor who died in a road acci...

High Court

High Court of Bombay at Nagpur Allows Appeal in Railway Accident Claim — Injured Passenger Entitled to Compensation for Amputation. Bona Fide Passenger Status Established Despite Lost Ticket; Sudden Jerk Leading to Fall Constitutes Untoward Incident Under Section 123(c) of Railways Act, 1989.

20 Feb 2024

The appellant, Kishor Vishnu Bondre, filed a claim before the Railway Claims Tribunal, Nagpur, seeking compensation for injuries sustained in a train ...

High Court

Bombay High Court Allows Appeal in Railway Accident Compensation Case — Deceased's Fall from Train Due to Rush, Not Negligence. Death of a passenger holding a valid ticket who fell from a crowded train due to push of other passengers constitutes an 'untoward incident' under Section 124A of the Railways Act, 1989, and the Railway Administration is liable to pay compensation.

21 Apr 2023

The present appeal is filed by the claimants (appellants) against the judgment and award of the Railway Claims Tribunal dated 27/05/2021 in case No. O...

High Court

Bombay High Court at Goa Enhances Compensation for Injured Claimant in Motor Accident Case — Multiplier Applied as Per Age of Injured Person, Not Age of Claimant. The court held that the multiplier for loss of future earnings due to permanent disability must be based on the age of the injured person under the Second Schedule of the Motor Vehicles Act, 1988, enhancing compensation from Rs. 3,68,000 to Rs. 5,87,600.

11 Jul 2013

The appellant, Pukh Raj Bumb, a 69-year-old retired government servant, was injured in a motor vehicle accident on 18th August 2008 when a car driven ...

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