Search Results for "statutory defences"

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Search Results for "statutory defences"

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High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. The Court held that the deceased, a pillion rider on a motorcycle, contributed to the accident by not wearing a helmet, and the insurer's liability was limited to the extent of the owner's negligence.

9 Jul 2019

The present appeal was filed by The New India Assurance Company Ltd. against the judgment and award passed by the Motor Accident Claims Tribunal, Ahme...

High Court

High Court Enhances Compensation for Motor Accident Victim with 40% Disability — Future Prospects and Pain & Suffering Considered. The Court applied 40% future prospects to notional income of Rs. 6,000/- per month and enhanced non-pecuniary damages for a 36-year-old claimant with permanent disability.

22 Jul 2019

The appellant, Gangadhar s/o Sambhaji Mangalwad, a 36-year-old service holder, filed a claim petition before the Motor Accident Claims Tribunal, Nande...

High Court

Bombay High Court Allows Enhancement of Compensation in Motor Accident Claim for Watch Maker's Death — Multiplier Corrected to 16 and Future Prospects Added. Claimants awarded Rs.10,78,000 with interest at 7.5% per annum under Section 166 of Motor Vehicles Act, 1988.

1 Aug 2019

The present appeal was filed by the original claimants, the legal heirs of Gunwant Narayan Bari, seeking enhancement of compensation awarded by the Mo...

High Court

Bombay High Court Partly Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 30% to 15%. Deceased Motorcyclist Found Partly Negligent for Not Wearing Helmet and Not Having Valid Driving Licence, Leading to Reduction in Deduction from Compensation.

1 Aug 2019

The present appeal was filed by the original claimants, being the widow, children, and father of the deceased Hanmantrao Manikrao Deshmukh, challengin...

High Court

High Court Enhances Compensation for Amputation of Both Legs in Motor Accident Claim. Claimant, a medical practitioner, awarded Rs. 25,00,000/- for permanent disability and loss of earning capacity under Motor Vehicles Act, 1988.

30 Aug 2019

The appellant, Dr. Prashant Pundlikrao Munde, a medical practitioner, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seekin...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Claimant. The Court held that the claimant, a pillion rider on a motorcycle, was negligent for not wearing a helmet and contributed to the accident, reducing the insurer's liability by 50%.

29 Aug 2019

The present appeal was filed by the New India Assurance Company Ltd., the original respondent No. 2 (insurer), challenging the judgment and award pass...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Bounce Case for Lack of Specific Allegations of Vicarious Liability. Complaint under Section 138 r/w 141 of Negotiable Instruments Act, 1881 fails to aver that directors were in charge of and responsible for conduct of business at the time of offence.

23 Sep 2019

The applicants, Kulwant Chauhan and Upneet Chauhan, were directors of a company that issued cheques to Transasia BioMedicals Ltd. The cheques were dis...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging MBBS Seat Allotment Based on NEET Scores — No Right to Claim Admission Beyond Published Merit List. Petitioners, who were not in the merit list, had no vested right to challenge allotment to other candidates.

23 Sep 2019

The petitioners, Kum. Pujal V. Nayak and Kum. Annabelle Melanie Gomes, filed a writ petition before the High Court of Bombay at Goa challenging the al...

High Court

Bombay High Court Quashes Criminal Complaints Against Company and Directors in Dishonour of Cheque Case Due to Improper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of demand notice at registered office of company insufficient for individual directors; notice must be served at residential addresses.

10 Oct 2019

The petitioners, Manipal Soubhagya Nidhi Ltd., a company, and its directors K. K. Pai and T. Narayan Pai, filed four criminal writ petitions under Art...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Held that where the deceased was driving a motorcycle without a valid driving license and contributed to the accident, the insurer is not liable to pay the entire compensation and the claimants are entitled to reduced amount.

30 Nov -0001

The case arises from a motor accident claim. The appellant, New India Assurance Company Ltd., challenged the award of the Motor Accident Claims Tribun...

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