Search Results for "Composite Negligence"

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's failure to prove income and contributory negligence of both drivers led to reduction of award from Rs. 3,00,000 to Rs. 1,50,000.

The case involves an appeal by The Oriental Insurance Company Ltd. against the judgment and award dated 31.10.2017 passed by the Motor Accident Claims...

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Bombay High Court Partially Allows Insurance Appeal in Motor Accident Claim — Reduces Multiplier from 17 to 13 for Bachelor Deceased. Applies Sarla Verma Principles to Determine Dependency and Personal Expenses.

The case arises from a motor accident claim where the son of respondents no. 1 and 2 (claimants) died due to negligence of drivers of two vehicles: a ...

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High Court of Judicature at Bombay Allows Appeal by Claimants in Motor Accident Compensation; Reverses 50% Deduction for Contributory Negligence. Multiplier of 17 Under Section 163-A Second Schedule Applied for Deceased Aged 32 Years; Non-Joinder of Truck Parties Not Fatal in Third-Party Claim.

The appeal arose from a motor accident claim under Section 163-A of the Motor Vehicles Act, 1988. The appellants were the widow, minor son, and mother...

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High Court of Gujarat Partly Allows Appeal in Motor Accident Claim Due to Composite Negligence and Enhances Compensation. Tribunal's finding of sole negligence on jeep driver set aside; insurer of jeep held jointly liable with ST bus insurer.

The appellant, original claimant, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 12....

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Gujarat High Court Allows Appeal in Motor Accident Claim, Holds Contributory Negligence Not Applicable to Third-Party Claimant. Court sets aside Tribunal's finding of sole negligence on jeep driver and remands for fresh assessment of compensation under Motor Vehicles Act, 1988.

The appellant, Nagjibhai Dhanabhai Rabari, the original claimant, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging ...

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Bombay High Court Enhances Compensation in Motor Accident Claim Case Due to Negligence of Driver and Owner. Apportionment of Liability Between Owner and Driver Under Motor Vehicles Act, 1988.

The case involves two appeals arising from a motor accident claim petition filed by the legal heirs of deceased Prasad Sarodaya, who died in a road ac...