Search Results for "Contributory negligence"

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Search Results for "Contributory negligence"

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High Court

Gujarat High Court Allows Appeal in Motor Accident Claim, Reduces Contributory Negligence and Enhances Compensation. The Court held that the Tribunal's finding of 20% contributory negligence was erroneous as the accident was caused by the opponent's rash driving from behind, and enhanced compensation by applying correct multiplier and future prospects.

9 Feb 2026

The case arises from a motor accident on 03.07.2015 when the deceased, Vijaybhai Arvindbhai Rathod, was returning home on his motorcycle with a pillio...

High Court

Gujarat High Court Enhances Compensation for Injured Pedestrian in Motor Accident Case, Reduces Contributory Negligence from 50% to 25%. The court held that the driver of the truck was primarily negligent and the claimant's 70% permanent partial disability warranted full loss of future prospects under Section 166 of the Motor Vehicles Act, 1988.

27 Mar 2026

The case arises from a motor accident claim where the original claimant, Prabodhakumar Behera, a pedestrian, was hit by a truck on 22.12.1996, resulti...

High Court

Gujarat High Court Allows Appeal in Part, Reduces Contributory Negligence and Enhances Compensation in Motor Accident Claim. Deceased motorcyclist held only 10% negligent as car driver was primarily at fault; income tax returns considered for computing income leading to enhanced compensation.

15 Jan 2026

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the appellants, who are the original claimants and legal heirs...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Due to Negligence of Stationary Truck Owner. Deceased Motorcyclist Not Contributorily Negligent; Compensation Enhanced Using Multiplier 9 Under Motor Vehicles Act, 1988.

26 Jul 2017

The appellant, Smt. Deokabai Vishnuji Helonde, widow of Vishnuji Helonde, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, se...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim, Reduces Contributory Negligence and Enhances Compensation. The Court held that the Tribunal's finding of 30% contributory negligence on the deceased motorcyclist was perverse as the accident was caused by the car driver driving on the wrong side, and enhanced compensation by applying 40% future prospects, 1/4th deduction, and multiplier 15 under Motor Vehicles Act, 1988.

13 Jan 2026

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the appellants, who are the original claimants, challenging th...

High Court

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.

29 Oct 2010

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

High Court

Gujarat High Court Allows Insurance Company's Appeal in Part and Reduces Compensation in Motor Accident Case Due to Contributory Negligence and Corrected Multiplier. The court upheld 60:40 negligence apportionment but recalculated compensation using multiplier 14, deducting 1/4th personal expenses, and reducing interest to 7.5% under Motor Vehicles Act, 1988.

6 Mar 2026

The case arises from a motor accident on 18.04.2019 involving a truck (GJ-10-TT-5084) and a motorcycle, resulting in the death of the motorcyclist, Ra...

Supreme Court

Supreme Court Dismisses Consumer Complaint Against Postal Authorities in Kisan Vikas Patra Fraud Case. Postal authorities not vicariously liable for agent's fraud as payment was made to holder under Negotiable Instruments Act, 1881, and appellants' negligence in signing instruments contributed to loss.

7 Feb 2022

The dispute arose from a consumer complaint filed by Pradeep Kumar and Raj Rani against postal authorities, including the Post Master General and othe...

High Court

Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Negligence of Maruti Van Driver Upheld. Compensation Awarded to Legal Heirs of Deceased Rider and Injured Pillion Riders Under Section 166 of Motor Vehicles Act, 1988.

11 Sep 2019

The case involves three appeals filed by The New India Assurance Co. Ltd. against judgments and awards of the Claims Tribunal, Raigad, in three motor ...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim, Sets Aside Contributory Negligence Finding and Enhances Compensation. The Court held that contributory negligence cannot be based on surmise when evidence shows negligence of the other party, and future prospects of 15% must be added for a government employee aged 53 under Section 166 of the Motor Vehicles Act, 1988.

11 Dec 2019

The appeal arose from a motor accident claim filed by the widow of a deceased government employee. The accident occurred on 13 August 2008 when the de...

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