Search Results for "contributory negligence"

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Madras High Court Dismisses Insurance Company's Appeal in Motor Accident Case — Negligence of Car Driver Upheld Due to Lack of Evidence on Contributory Negligence. Claimant's Unrebutted Evidence Sufficient to Sustain Award Under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 17.03.2018 at about 9:15 p.m. The deceased, a Superintendent in the office of the Chief Conserv...

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High Court of Bombay Partially Allows Appeal by Pune Municipal Corporation in Motor Accident Claim, Reduces Compensation Due to Contributory Negligence of Deceased. The Court held that the deceased was 50% contributory negligent for the accident, modifying the Tribunal's 25% deduction.

The Pune Municipal Corporation appealed against the judgment and award of the Motor Accidents Claim Tribunal, Pune, in Claim Petition No.581 of 2014, ...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Compensation Enhanced for Widow and Children. Future Prospects and Loss of Consortium Granted Under Section 166 of Motor Vehicles Act, 1988.

The appeal was filed by the claimants (widow, children, and parents of the deceased) against the judgment and award dated 3rd April 2018 in MACP No. 4...

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Supreme Court Upholds Hotel Liability for Theft of Guest's Car from Valet Parking Under Bailment and Infra Hospitium Principles. Insurer as Subrogee Can File Consumer Complaint Jointly with Assured.

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission dismissing the hotel's appeal against an order of the State Co...

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High Court of Bombay Enhances Compensation in Motor Accident Claim — Deceased was 30-year-old earning Rs.6,000 per month; Tribunal's assessment of income and multiplier modified.

The appellants, original claimants in Motor Accident Claim Petition No.26 of 2011, filed an appeal against the judgment and award dated 23.10.2012 pas...

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High Court of Karnataka Dismisses Appeals by BMTC and Insurance Company in Motor Accident Claim — No Negligence by BMTC Driver Established. The court upheld the Tribunal's finding that the tipper lorry driver was solely negligent, and the compensation of Rs.25,000/- with interest was just and proper.

The case arises from a motor accident that occurred on 19.08.2012 involving a BMTC bus (KA-01-F-4447) and a tipper lorry (AP-07-U-8783). The claimant,...

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High Court of Karnataka Partly Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 60% to 50% and Enhances Compensation. The court held that both drivers were equally negligent and enhanced conventional damages following Rajesh v. Rajbir Singh.

The appeal was filed by the claimants, legal representatives of deceased D. Narayanadas, against the judgment and award dated 14th February 2011 passe...