Search Results for "contributory negligence"

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High Court of Madras Upholds Compensation Award in Motor Accident Case — Negligence of Bus Driver Established by Sudden Braking Without Warning. Claimant Lecturer Awarded Rs. 25,00,000 for Permanent Disability Under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on March 31, 2012, at about 09:30 p.m. The claimant, Suresh, was riding his Hero Honda motorcycle ...

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Bombay High Court Acquits Bus Driver in Rash Driving Case Due to Unreliable Sole Eyewitness and Contradictory Evidence. Conviction under Sections 279, 304(A) and 337 IPC set aside as prosecution failed to prove rash and negligent driving beyond reasonable doubt.

The case arises from a criminal revision application filed by Shivaji Santu Zanzad, a driver of a PMT bus, challenging his conviction under Sections 2...

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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.

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...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Absence of Contributory Negligence and Enhances Compensation. Claimants awarded increased compensation under Section 166 of Motor Vehicles Act, 1988 for death of deceased in truck accident, with multiplier of 16 and future prospects.

The appeal was filed by the original claimants, being the wife, minor daughter, and parents of the deceased Deepak Patil, who died in a motor vehicle ...

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High Court of Karnataka Allows Insurance Company's Appeal and Dismisses Claimants' Appeal in Motor Accident Claim — Compensation Reduced Due to Contributory Negligence of Deceased. Deceased motorcyclist found 50% contributory negligent for accident involving a lorry, reducing insurer's liability.

The case arises from a motor accident that occurred on 26.12.2009 involving a motorcycle ridden by the deceased and a lorry owned by respondent no.5 a...

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Bombay High Court Dismisses Insurance Company's Appeal Against Interim Compensation Under Section 140 of Motor Vehicles Act. No-Fault Liability Upheld Despite Alleged Contributory Negligence.

The New India Assurance Company Ltd. filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging an order dated 24.4.2008 passed by...

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Bombay High Court Allows Appeals by Claimants in Motor Accident Claims for Deaths in Autorikshaw Collision with Truck — Negligence of Truck Driver Established, Contributory Negligence Not Proven. Compensation Enhanced with Multiplier 17, Future Prospects, and 7.5% Interest.

The appeals arise from a motor accident claim where three deceased persons (Madhukar Dabhalkar, Kailash Bathe, and Kadusing Rajput) died in a collisio...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian held 50% contributorily negligent for crossing highway without care, reducing insurer's liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal representatives of a deceased pedestrian, Satish Gavali, who died in a vehicular accide...