Search Results for "helmet contributory negligence"

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High Court Dismisses Insurer's Appeal in Motor Accident Compensation Case, Upholding Pay and Recovery. Insurer Liable to Third-Party Claimants Despite Tractor Driver's Lack of Valid Licence; Pay and Recover Principle Survives Motor Vehicles (Amendment) Act, 2019.

The appeal arose from a motor accident compensation claim. The claimants, who are the parents and minor sister of the deceased Velmurugan, filed MCOP ...

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High Court of Karnataka Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased. Claimants awarded Rs. 9,22,400/- instead of Rs. 13,27,400/- after finding 25% contributory negligence on part of deceased Gururaj.

The appeal arises from a judgment and award dated 20.08.2015 passed by the Additional Court of Small Causes, Senior Civil Judge and MACT, Mysuru in MV...

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Bombay High Court Partially Allows Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased motorcyclist held 50% contributorily negligent for accident with auto rickshaw; insurer's liability limited to 50% of awarded amount.

The case arises from a motor accident claim filed by the legal heirs of Baliram Hasnale, who died in a collision between his motorcycle and an auto ri...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Injured Claimant. Claimant's Own Negligence in Driving Without Valid License and Without Helmet Led to Reduction of Award by 50%.

The case involves three appeals arising from a motor accident claim. The claimant, Dr. Uma, a 35-year-old doctor, sustained injuries when the scooter ...

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Bombay High Court Partially Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Erroneous Multiplier. Deceased pillion rider held contributorily negligent for not wearing helmet; multiplier reduced from 17 to 13 as per Sarla Verma guidelines.

The appeal arises from a judgment and award dated 7.6.2007 passed by the Motor Accident Claims Tribunal, Yavatmal in Claim Petition No.229/2000, where...

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Gujarat High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased pillion rider found 50% contributory negligent for standing on road without helmet, reducing insurer's liability under Motor Vehicles Act, 1988.

The appeal was filed by New India Assurance Co. Ltd. against the judgment and award dated 30.06.2016 passed by the Motor Accident Claims Tribunal (Aux...

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Bombay High Court Partly Allows Appeal in Motor Accident Claim Case — Negligence Apportionment Set Aside and Compensation Enhanced. Deceased's income assessed at Rs. 15,000 per month with 25% future prospects and multiplier of 14 applied under Motor Vehicles Act, 1988.

The appellants, original claimants in a motor accident claim petition, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging ...