Search Results for "contributory negligence"

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Bombay High Court Allows Appeal for Enhancement of Compensation in Motor Accident Claim Case Due to Negligent Driving of Tipper. Deceased's Income Assessed at Rs. 3,000 per Month with 40% Future Prospects and Multiplier of 18 Applied Under Motor Vehicles Act, 1988.

The appellants, being the widow and minor son of the deceased Sk. Yusuf, filed an appeal seeking enhancement of compensation awarded by the Motor Acci...

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Major Son Held Dependent. The court affirmed that a major son can be a dependent if actually dependent on the deceased's income, and the insurer is liable to pay compensation.

The case arises from a motor accident claim filed by Vinay Ambadas Wahul, the son of the deceased Shantabai Wahul, who died in a road accident on 23rd...

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Bombay High Court Allows Conversion of Claim Petition from Section 166 to Section 163-A of Motor Vehicles Act in Fatal Accident Case. Claimants entitled to compensation under no-fault liability despite deceased's own negligence.

The appeal arises from a judgment of the Claims Tribunal, Mumbai, dismissing M.A.C.P No.645 of 2006 filed under Section 166 of the Motor Vehicles Act,...

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High Court of Karnataka Allows Enhancement of Compensation in Motor Accident Claim Case — Insurance Company's Appeal Dismissed. Contributory Negligence of 25% Affixed on Deceased Rider for Not Wearing Helmet, Reducing Claimants' Compensation Proportionately.

The judgment arises from two appeals: MFA No.8513/2015 filed by the claimants (parents of the deceased) seeking enhancement of compensation, and MFA N...

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High Court of Karnataka Allows Appeal in Motor Accident Claim — Tribunal Erred in Rejecting Claim Under Section 163A M.V. Act on Ground of Contributory Negligence. Claimants Entitled to Compensation Under Structured Formula Without Proof of Negligence.

The appeal was filed by the claimants, the wife and children of the deceased Shantaram, challenging the judgment and award dated 12.07.2012 passed by ...

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High Court of Karnataka Dismisses Railway Appeal in Motor Vehicle Accident Case — Negligence of Locomotive Driver Upheld. Compensation of Rs.3,70,600/- awarded to widow of deceased auto-rickshaw passenger killed at unmanned level crossing due to failure of railway to provide adequate safety measures.

The case arises from a motor vehicle accident claim where the claimant, Smt. Shankaramma, sought compensation for the death of her husband, Rajani, ag...

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Bombay High Court Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Minor Driver Without License. Claimant pillion rider on Luna moped driven by minor friend without license; court apportions 50% contributory negligence reducing award from Rs.5,92,775 to Rs.2,96,387.

The case arises from a motor accident claim filed by Snehal Sudhir Wate, a 16-year-old student, who was a pillion rider on a Luna moped driven by her ...