Search Results for "Negligence Assessment"

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Search Results for "Negligence Assessment"

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High Court

Gujarat High Court Allows Insurance Company's Appeal in Part and Reduces Compensation in Motor Accident Case Due to Contributory Negligence and Corrected Multiplier. The court upheld 60:40 negligence apportionment but recalculated compensation using multiplier 14, deducting 1/4th personal expenses, and reducing interest to 7.5% under Motor Vehicles Act, 1988.

6 Mar 2026

The case arises from a motor accident on 18.04.2019 involving a truck (GJ-10-TT-5084) and a motorcycle, resulting in the death of the motorcyclist, Ra...

High Court

High Court of Gujarat Enhances Compensation in Motor Accident Claim Case — Reduces Deceased's Contributory Negligence from 20% to 10% and Increases Income Assessment. Court applies principles of just compensation under Motor Vehicles Act, 1988, relying on National Insurance Co. Ltd. v. Pranay Sethi and Sarla Verma v. DTC.

18 Feb 2026

The appellants, parents of the deceased Satishbhai Babubhai Gamar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking c...

High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim Under Section 163A — Negligence Apportionment Impermissible in No-Fault Liability Regime. The court held that in a claim under Section 163A of the Motor Vehicles Act, 1988, the Tribunal cannot apportion negligence or deduct compensation on account of contributory negligence, as it is a no-fault liability provision.

5 Feb 2026

The appellants, original claimants, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 2...

High Court

High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Deceased Owner of Lath Machine. Tribunal's assessment of income at Rs.15,000 per month and finding of sole negligence on driver of offending vehicle upheld.

5 Feb 2026

The appellant, United India Insurance Company Limited, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and...

High Court

Gujarat High Court Partly Allows Appeal in Motor Accident Claim, Reduces Contributory Negligence and Enhances Compensation. Appellant's contributory negligence reduced from 50% to 25% and compensation enhanced from Rs.1,96,223 to Rs.4,64,400 for injuries sustained in head-on collision with bus on wrong side.

27 Jan 2026

The present appeal arises from a judgment and award dated 30.04.2015 passed by the Motor Accident Claims Tribunal (Aux.), Gandhidham – Kachchh in MA...

High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim Due to Erroneous Income Assessment and Negligence Apportionment. The court enhanced compensation from Rs.11,82,000 to Rs.23,38,000 by reassessing the deceased's income at Rs.15,000 per month and setting aside the finding of 50% contributory negligence.

12 Jan 2026

The case arises from a motor accident claim petition filed by the legal heirs of Mustak Jusab Dharas, who died in a vehicular accident on 28.02.2014. ...

High Court

High Court of Karnataka Enhances Compensation for Injured Pillion Rider in Motorcycle Accident — Reduces Contributory Negligence from 20% to 10%. The court held that a pillion rider cannot be attributed negligence without evidence of his own fault, and awarded enhanced compensation under various heads under the Motor Vehicles Act, 1988.

15 Apr 2024

The appellant, Sri R. Kishore Kumar, a 22-year-old pillion rider, sustained grievous injuries in a road accident on 20.08.2018 due to the rash and neg...

High Court

High Court of Bombay at Goa Dismisses Appeal by KTC in Motor Accident Claim — Negligence of Bus Driver Upheld. Compensation of Rs. 5,52,000 awarded to widow and children of deceased van driver, with income assessed at Rs. 3,000 per month, multiplier 16, and 50% future prospects.

6 Sep 2013

The case arises from a motor accident claim filed by the widow and minor children of Francisco Da Costa, who died in a collision between a Maruti van ...

High Court

Bombay High Court Quashes Reassessment Notice in Income Tax Case Due to Change of Opinion. Reopening of Assessment Under Section 148 of Income Tax Act, 1961 Based on Mere Change of Opinion Without New Material is Invalid.

9 Jul 2012

The petitioner, M/s. Rabo India Finance Limited, a non-banking financial company, challenged a notice dated 28.3.2011 issued under Section 148 of the ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of 40-Year-Old Businessman. Multiplier of 15 applied based on age of deceased, not claimant, under Motor Vehicles Act, 1939.

30 Nov -0001

The case arises from a motor accident claim petition filed by the widow, mother, and three minor children of Hasmukhchandra Shah, who died in a vehicu...

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