Search Results for "Driver's own negligence"

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Supreme Court Acquits KSRTC Driver in Road Accident Case Due to Lack of Rash or Negligent Driving Evidence. Conviction under Sections 279 and 304A IPC Set Aside as Prosecution Failed to Prove Culpable Rashness or Negligence Beyond Reasonable Doubt.

The appellant, Mohammad Hanif Jainum Khalifa, was a driver employed by the Karnataka State Road Transport Corporation (KSRTC). He was tried and convic...

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Bombay High Court Partly Allows BEST's Appeal in Motor Accident Claim, Reduces Compensation for Pan Shop Owner. Court holds that notional income for self-employed person with no proof of income should be based on minimum wage guidelines, and reduces compensation from Rs. 13,50,073 to Rs. 9,00,000.

The case involves an appeal filed by the Bombay Electric Supply and Transport Undertaking (BEST) under Section 173 of the Motor Vehicles Act, 1988, ch...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Truck Driver Established by Evidence. The Court set aside the Tribunal's finding of no negligence and remanded for fresh consideration.

The appellant, Mrs. Agustha D' Souza Cardozo, filed a claim petition before the Motor Accident Claims Tribunal, South Goa, seeking compensation for in...

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High Court of Bombay at Aurangabad Dismisses Appeal by MSRTC in Motor Accident Claim Case — Compensation Award Upheld as Just and Proper. Claimant's Income Assessed at Rs. 3,000 per month and Future Prospects Added at 40% Under Section 166 of Motor Vehicles Act, 1988.

The present appeal was filed by the Divisional Controller, Maharashtra State Road Transport Corporation (MSRTC), challenging the judgment and award da...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Finding on Negligence. Tribunal's Dismissal Set Aside as Composite Negligence Established and Claimants Entitled to Compensation Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the appellants (husband, son, and mother-in-law of the deceased) before the Motor Accide...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's contributory negligence assessed at 50% for sitting on the footboard of a bus, reducing insurer's liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the claimant, Gulam Mohammad, sustained injuries while traveling as a passenger in a bus owned by Ka...

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High Court of Karnataka Partly Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 60% to 50% and Enhances Compensation. The court held that both drivers were equally negligent and enhanced conventional damages following Rajesh v. Rajbir Singh.

The appeal was filed by the claimants, legal representatives of deceased D. Narayanadas, against the judgment and award dated 14th February 2011 passe...

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Bombay High Court Dismisses Petition by Municipal Corporation Challenging Reinstatement of Bus Driver in Gross Negligence Case. The Industrial Court's finding that the bus driver was not negligent was based on evidence and not perverse, and thus no interference under Article 227 was warranted.

The petitioner, Municipal Corporation of Greater Bombay (BEST Undertaking), challenged an order of the Industrial Court, Mumbai, dated 16 August 2007,...