Search Results for "Contributory negligence"

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's failure to prove income and contributory negligence of both drivers led to reduction of award from Rs. 3,00,000 to Rs. 1,50,000.

The case involves an appeal by The Oriental Insurance Company Ltd. against the judgment and award dated 31.10.2017 passed by the Motor Accident Claims...

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High Court of Gujarat Enhances Compensation in Motor Accident Claims for Death and Injury Due to Negligence of Truck Driver. Apportionment of Contributory Negligence Set Aside as Tribunal Erred in Holding Claimants' Vehicle at Fault Without Evidence.

The case arises from a motor accident that occurred on 26.12.2015 when the deceased Govindbhai and injured Kantibhai, along with others, were travelin...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Deceased Owner of Lath Machine. Tribunal's assessment of income at Rs.15,000 per month and finding of sole negligence on driver of offending vehicle upheld.

The appellant, United India Insurance Company Limited, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and...

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Madras High Court Reduces Compensation in Motor Accident Case Due to Contributory Negligence of Deceased. Claimants' Cross Objection for Enhancement Dismissed as Tribunal's Assessment of Income and Multiplier Was Correct.

The case arises from a motor accident that occurred on 18.05.2021 when the deceased, Hari Prasad, was riding a motorcycle and was hit from behind by a...

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation from Rs. 3,36,000 to Rs. 6,21,000. Multiplier of 18 applied for deceased aged 26 years, contributory negligence set aside, and conventional heads enhanced under Motor Vehicles Act, 1988.

The appeal arises from a judgment and award dated 11.10.2011 of the Motor Accident Claims Tribunal, Amravati, in Claim Petition No. 221/06. The appell...

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High Court of Bombay at Goa Dismisses Appeal by KTC in Motor Accident Claim — Negligence of Bus Driver Upheld. Compensation of Rs. 5,52,000 awarded to widow and children of deceased van driver, with income assessed at Rs. 3,000 per month, multiplier 16, and 50% future prospects.

The case arises from a motor accident claim filed by the widow and minor children of Francisco Da Costa, who died in a collision between a Maruti van ...

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of 40-Year-Old Businessman. Multiplier of 15 applied based on age of deceased, not claimant, under Motor Vehicles Act, 1939.

The case arises from a motor accident claim petition filed by the widow, mother, and three minor children of Hasmukhchandra Shah, who died in a vehicu...