Search Results for "driver liability"

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Tractor Driver Proved. Deceased was a labourer travelling in tractor-trolley which overturned due to rash driving; insurance company failed to rebut evidence of negligence.

The case arises from a motor accident claim petition filed by the legal heirs of Budhabhai Zaverbhai Parmar, who died in a tractor-trolley accident on...

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Supreme Court Allows Claimants' Appeal in Motor Accident Case for CA Student, Enhancing Compensation for Future Prospects. Notional Income of Rs. 15,000 per month with 40% future prospects applied under Motor Vehicles Act, 1988.

The case arises from a motor accident on 11.06.2013 when a Wagon-R car collided with a stationary truck on the BRT Corridor, Delhi, resulting in the d...

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High Court of Bombay at Goa Dismisses Insurer's Appeal in Motor Accident Claim — Negligence Finding Upheld. The Court held that the Tribunal's finding on negligence was not perverse and contributory negligence was not proved by the insurer.

The case arises from a motor accident on 17.01.2021 where Mario Bernard Fernandes (Bernard), riding an Activa scooter, collided with a Toyota Qualis i...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — No Negligence on Part of Deceased Driver. Claimants Entitled to Compensation Under Section 163A of Motor Vehicles Act, 1988 as Tribunal Correctly Applied Structured Formula Without Need to Prove Negligence.

The appeal was filed by the insurance company, Reliance General Insurance Company Limited, challenging the judgment and award dated 09.05.2014 passed ...

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Bombay High Court Allows Appeal in Motor Accident Claim, Reduces Contributory Negligence of Deceased from 60% to 40%. Compensation Enhanced from Rs.92,000 to Rs.1,72,400 with 9% Interest.

The appellants, being the widow, children, and father of the deceased Ramesh Pagar, filed a claim petition under Section 166 of the Motor Vehicles Act...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof and Applies Multiplier of 16 Instead of 17. Deceased's income assessed notionally at Rs. 4,000 per month for a 32-year-old helper with no documentary evidence of salary.

The case arises from a motor accident claim petition filed by the legal heirs of Pandharinath Rathod, who died in a road accident on 26 March 2009. Th...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Claimants' Appeal Dismissed as No Error Found in Tribunal's Assessment of Income and Multiplier.

The case involves two appeals arising from a motor accident claim. The accident occurred on 20th June 2013 when the deceased, Umesh M. Kholkar, was ri...