Search Results for "negligence"

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Search Results for "negligence"

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High Court

High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Inference of Insurance Drawn from Form Comp AA and Charge-Sheet. The court held that the insurer failed to disprove the existence of the policy, and the claimant's income from vegetable selling and future prospects require consideration for enhancement.

11 Dec 2020

The New India Assurance Co. Ltd. appealed against the award of the Motor Accident Claims Tribunal, challenging the finding that the offending truck wa...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of ST Bus Driver. Principle of Res Ipsa Loquitur Applied as Bus Overturned on Wide Road Without Any Mechanical Defect.

9 Dec 2020

The case arises from a motor accident claim petition filed by the appellants, who are the legal heirs of the deceased Virendra Joshi. The deceased die...

High Court

High Court of Bombay at Goa Enhances Compensation for Injured Worker in Motor Accident Case — Permanent Disability Assessed at 40% with Multiplier of 18 Applied. The Court held that the Tribunal's assessment of 20% disability was low and applied correct multiplier for loss of future earnings under Section 166 of the Motor Vehicles Act, 1988.

6 Nov 2020

The appellant, Shrikant Kashinath Gaude, a 25-year-old helper on a wheel loader, was injured in a motor vehicle accident on 29th October 2005 at about...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Negligence of Driver Not Proved by Insurance Company. The court upheld the Tribunal's award of compensation to the legal representatives of a deceased fisherman, holding that the insurer failed to prove breach of policy conditions or contributory negligence.

16 Jul 2026

The appellant, The New India Assurance Co. Ltd., filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and aw...

High Court

High Court of Karnataka Enhances Compensation for Death of Pillion Rider in Motor Accident Claim. Multiplier of 18 applied and 40% future prospects added to notional income of deceased aged 45 years under Motor Vehicles Act, 1988.

7 Jul 2026

The appeal was filed by the claimant, Arun, son of deceased Hajavva, under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment an...

High Court

High Court of Bombay Enhances Compensation for Widow in Motor Accident Death Case Due to Negligence of ST Bus Driver. Deceased's Income Reassessed and Future Prospects Applied to Compute Just Compensation Under Section 166 of Motor Vehicles Act, 1988.

24 Jul 2020

The appellant, Anita Arun Memane, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the death of her ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case — Enhances Compensation for Death of Milind Kulkarni Due to Negligent Driving of Tanker. Court applies multiplier method under Motor Vehicles Act, 1988 and grants additional compensation for loss of consortium, loss of estate, and funeral expenses.

26 Jun 2020

The appellants, being the widow, daughter, father (since deceased, represented by legal heirs), and brother of the deceased Milind Dinkar Kulkarni, fi...

High Court

Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Upholds Compensation for Death of Third Party. Insurer Liable Under Section 166 of Motor Vehicles Act, 1988 Despite Stationary Vehicle, as Negligence of Other Driver Proved.

19 May 2020

The case arises from a motor accident claim filed by the sons of the deceased, Rukminibai Ramayya Kamtam, who died in a road accident on 16 April 2010...

High Court

Bombay High Court Dismisses Appeal by Transport Undertaking in Motor Accident Claim for Deceased Minor Student — Negligence of Bus Conductor and Driver Established. Tribunal's Award of Rs.22,79,100/- with 8% Interest Upheld as Appellant Failed to Prove Contributory Negligence.

19 May 2020

The case arises from a motor accident claim filed by the parents (respondents) of a 15-year-old boy, Master Dhruv Rajendra Thakkar, who died due to in...

High Court

High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation of Rs.24,52,968/- for Death of Motorcyclist Due to Negligent Driving of Trailer Truck. The Court held that the insurer failed to prove breach of policy conditions and that the claimants are entitled to compensation with interest at 6% per annum.

12 Feb 2020

The appeal was filed by New India Assurance Co. Ltd. against the judgment of the Motor Accident Claims Tribunal, Kelapur, District Yavatmal, which awa...

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