Search Results for "Negligence"

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Search Results for "Negligence"

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High Court

High Court Allows Driver's Claim Under Section 163A of Motor Vehicles Act Despite Own Negligence — Fault Not Relevant for No-Fault Liability. The Court held that a driver can maintain a claim under Section 163A of the Motor Vehicles Act, 1988 for injuries sustained in an accident caused by his own negligence, as the provision is a no-fault liability scheme and the insurer cannot raise the defence of negligence.

18 Apr 2024

The appellant, Sunil Baburao Ashtekar, was employed as a driver of a rickshaw owned by respondent No.1, Balasaheb Baburao Ashtekar. On 29 August 2004,...

High Court

Bombay High Court Allows CIDCO's Appeal in Motorcycle Accident Case Due to Lack of Negligence Evidence. Speed-breaker constructed without specification not proven as cause of accident; no liability for damages under law of torts.

30 Apr 2024

The case involves a second appeal filed by the Administrator of the City and Industrial Development Corporation (CIDCO) against a judgment of the Addi...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim for Permanent Disability and Loss of Income. The court enhanced compensation from Rs.1,10,000 to Rs.5,14,735 for injuries sustained in a head-on collision between a bus and a truck.

8 Feb 2024

The appellant, Ranjit Arunkumar Jaiswal, was a 29-year-old businessman running a Funfair and Mini Bazar. On 15/11/1997, he was travelling in a luxury ...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Despite Ticket Irregularity. Death of passenger due to fall from train held to be an 'untoward incident' under Section 124A of the Railways Act, 1989, and claimants entitled to compensation.

10 Jan 2024

The case involves an appeal filed by the legal representatives of the deceased, Syed Zafroddin, against the dismissal of their claim for compensation ...

High Court

Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Negligence Proved by Charge-Sheet and Income Assessed Notionally. The Court upheld the Tribunal's award of Rs. 7,92,000 to the dependents of the deceased, finding no error in the assessment of negligence or income.

9 Jan 2024

The appeal arises from a motor accident claim where the deceased, Rajeshwar, died in a vehicular accident on 27 January 2015. The claimants, being his...

High Court

Madras High Court Allows State Appeal in Cauvery River Drowning Case — No Compensation for Deaths Due to Quicksand in Riverbed. Court Holds That Deaths Occurred in a Natural River Course and Not Due to Any Negligence or Omission by State Authorities, Reversing Single Judge's Award of Compensation.

25 Jun 2026

The case involves three writ appeals filed by the State of Tamil Nadu against a common order of a learned Single Judge of the Madras High Court, which...

High Court

Madras High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income and Negligence. Claimants failed to establish the income of the deceased teacher and the rash and negligent driving of the offending vehicle, leading to reduction in award.

25 Jun 2026

The case involves a Civil Miscellaneous Appeal filed by the Insurance Company under Section 173 of the Motor Vehicles Act, 1988, challenging the award...

High Court

Madras High Court Adjudicates Insurance Company's Appeal Against Motor Accident Compensation Award. The Appeal, Filed Under Section 173 of the Motor Vehicles Act, 1988, Questions the Quantum of Compensation for the Death of a Zomato Delivery Rider in a Road Accident.

10 Jul 2026

This is an excerpt from a judgment of the Madras High Court. The appeal was preferred by the insurance company challenging the quantum of compensation...

High Court

Madras High Court Adjudicated Insurer's Appeal Against MACT's Compensation Award for Leg Amputation in Truck Accident; Insurer Argued Negligence Not Proven and Policy Coverage Limited to Driver.

19 Feb 2025

The appeal arose from an award passed by the Motor Accidents Claims Tribunal, Perambalur, in M.C.O.P. No. 139 of 2018 dated May 25, 2022. The claimant...

High Court

Madras High Court Dismisses Appeal for Enhanced Compensation in Electrocution Death; Directs Appellants to Approach Civil Court. Fixed Compensation Paid by Electricity Board Does Not Bar Civil Remedy; Writ Court Cannot Determine Compensation Under Motor Vehicles Act Without Trial on Negligence.

3 Mar 2025

The matter arose from a writ appeal filed by the legal heirs of one Ramasamy, who died due to electrocution on 14.11.2022. The appellants had earlier ...

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