Search Results for "Composite Negligence"

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Truck Driver Proved. Claimants entitled to compensation under Motor Vehicles Act, 1988 as the truck driver's rash driving caused the accident.

The present appeal was filed by Bharti AXA General Insurance Co Ltd, the insurer of the truck involved in the accident, challenging the judgment and a...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Bus Driver — Act of God Defence Rejected. Tribunal's finding of no negligence reversed; bus driver held negligent for sudden lane change causing accident.

The appeal arises from a motor accident claim filed by Rajesh Shantilal Sejpal (since deceased, represented by legal heirs) under Section 173 of the M...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Truck Driver Established by Evidence. The Court set aside the Tribunal's finding of no negligence and remanded for fresh consideration.

The appellant, Mrs. Agustha D' Souza Cardozo, filed a claim petition before the Motor Accident Claims Tribunal, South Goa, seeking compensation for in...

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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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Bombay High Court Allows Appeal in Motor Accident Claim Case — Finding of Contributory Negligence Set Aside Due to Lack of Evidence. Parents of deceased motorcyclist awarded full compensation of Rs.60,000 with interest as Tribunal's finding of contributory negligence was based on no evidence.

The appellants, parents of the deceased Shekhar Krishna Kalgutker, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking c...