Search Results for "negligent act"

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Bombay High Court Allows Appeal Against Railway Claims Tribunal Rejection of Compensation for Untoward Incident. Held that strict proof of boarding train is not required under Section 124-A of Railways Act, 1989 and the claimant's version must be accepted unless rebutted by strong evidence.

The appellant, Nitin Navindas Hundiwala, a 75-year-old consultant, filed a claim for compensation under Section 124-A of the Railways Act, 1989, read ...

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WRIT PETITION NO. 10475 OF 2011

The case involved a partnership firm (Petitioner) engaged in manufacturing soft gelatin pharmaceutical products, and a US corporation (Respondent No.1...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased driver found 50% negligent for driving on wrong side, reducing insurer's liability proportionately under Motor Vehicles Act, 1939.

The case arises from a motor accident on 3 October 1986 near Shirdi Temple on Lasalgaon Road. The deceased, Admar Poojary, was driving a Fiat Car bear...

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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim Case Due to Erroneous Appreciation of Evidence on Negligence. Compensation of Rs.85,000/- awarded by Tribunal upheld but finding on negligence reversed based on preponderance of probabilities and criminal charge-sheet.

The appellant, Shridhar Anant Prabhu Gaonkar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation of Rs.2,00,000 for injur...

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High Court of Gujarat Allows Appeal in Motor Accident Claim — Compensation Enhanced from Rs.2,83,270 to Rs.7,42,400. Income of Deceased Driver Reassessed at Rs.4,000 per Month with 40% Future Prospects and 1/4th Deduction for Personal Expenses Under Motor Vehicles Act, 1988.

The present appeal arises from a judgment and award dated 13.10.2012 passed by the Motor Accident Claims Tribunal (Aux.), Gondal, in M.A.C.P. No. 1320...