Search Results for "composite negligence"

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Bombay High Court Partly Allows Appeal by Insurance Company in Motor Accident Claim — Apportions Liability Between Two Insurers. Oriental Insurance Co. Ltd. held liable for 75% of compensation with right to recover from owner for breach of policy conditions.

The present appeal was filed by Oriental Insurance Co. Ltd., the insurer of the truck involved in the accident, challenging the judgment and award of ...

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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...

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Gujarat High Court Allows Appeal in Motor Accident Claim for Amputation of Leg - Compensation Enhanced for Future Loss of Income and Pain and Suffering. Housewife's Notional Income Assessed at Rs.3,000 per Month with Multiplier of 16 for Permanent Disability.

The appellant, Gajaraben Rameshbhai Padhiyar (Parmar), filed a first appeal before the Gujarat High Court against the judgment and award dated 23.01.2...

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Bombay High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased driver found 50% contributorily negligent in head-on collision; insurer's liability limited to 50% of awarded amount under Motor Vehicles Act, 1988.

The case arises from a motor accident on 25.12.1989 on National Highway No.7 near Kondhali, Nagpur, involving a collision between two trucks: one bear...

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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 Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Deceased's Income as Shikshan Sewak Assessed at Rs.19,000 per Month Based on 6th Pay Commission. Compensation of Rs.44,21,000 Upheld as Just and Proper.

The case involves an appeal filed by Shriram General Insurance Company Ltd. under Section 173 of the Motor Vehicles Act, 1988, challenging the award o...

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Gujarat High Court Allows Appeal of Claimants in Motor Accident Case — Negligence of Scooter Driver Cannot Be Attributed to Pillion Rider. Compensation Enhanced from Rs.2,51,325 to Rs.9,26,800 for Death of 28-Year-Old Mason in Bus Collision Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the deceased, Bhikhaji Thakor, was a pillion rider on a scooter that was hit by a Gujarat State Road...