Search Results for "negligent act"

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Bombay High Court Dismisses Appeal by Truck Owner in Motor Accident Claim — Contributory Negligence of Both Drivers Upheld. Injured passenger awarded Rs.1,35,000/- for amputation of both legs; owner's insurer absolved due to breach of policy conditions.

The appellant, Sikhandar Khan Rashid Khan, owned a truck (MWA 5169) that was involved in a collision with another truck (MWU 7175) on 26 April 1988 on...

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Bombay High Court Quashes FIRs Under Essential Commodities Act for Non-Essential Commodities. Wheat and Rice Seized by Rationing Authorities Held Not Covered Under Essential Commodities Act, 1955 or Control Orders.

The petitioners, including M/s. Ace International, Pankaj Pranjibhai Thakkar, and M/s. Metro International, filed three writ petitions challenging the...

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High Court of Karnataka Allows Appeal in Motor Accident Claim — Dog on Road Constitutes 'Act of God' Not Negligence. Claimant's Wife Died After Motorcycle Fell Due to Sudden Appearance of Dog; Tribunal Erred in Holding Claimant as Owner of Borrowed Vehicle Under Section 163A of Motor Vehicles Act, 1988.

The appellant, Shri Vithal, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988, seeking compensation for the death of his wife ...

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High Court of Karnataka Reviews Maintainability of Claim Under Section 163A of Motor Vehicles Act, 1988 in Cross Appeals Arising from Fatal Accident. Claim by Legal Heirs of Deceased Driver Who Borrowed Vehicle and Died Without Involvement of Another Vehicle Is Under Scrutiny.

The judgment involves two appeals arising from the same motor accident dated 20.09.2006. An auto rickshaw driven by Ramesh Babu, in which Murali was a...

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Supreme Court Adjudicates Appeal by Subsequent Purchasers Against Decree of Specific Performance of Agreement to Sell. High Court's Ruling That Original Vendees Were Entitled to Specific Performance Despite Contract Termination and Subsequent Sale Is Under Review.

These appeals before the Supreme Court arose from a common judgment of the High Court of Karnataka which allowed two appeals filed by the original ven...

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Supreme Court Restores Compensation in Motor Accident Claim — Bus Driver's Negligence Established by Preponderance of Probabilities. Non-examination of Pillion Rider Not Fatal to Claim Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 28 October 2011, when Sitaram, a senior government school teacher, was riding a motorcycle with a pillion rid...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. The Court apportioned liability 50:50 between the car driver and the truck driver, reducing the insurer's liability from full award to 50%.

The case arises from a motor accident claim filed by the legal representatives of a deceased pillion rider. The deceased was riding pillion on a motor...