Search Results for "Victim Negligence Defence"

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Search Results for "Victim Negligence Defence"

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High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Other Driver — Deceased Driver's Claim Not Barred by Own Negligence as Contributory Negligence Not Established. The court held that the Tribunal erred in rejecting the claim petition under Section 166 of the Motor Vehicles Act, 1988, as the accident was caused by the rash and negligent driving of the other vehicle driver who suddenly applied brakes, and there was no evidence of contributory negligence by the deceased.

9 Feb 2026

The case arises from a motor accident that occurred on 25.12.2003 when the deceased, Sureshbhai Ambalal Patel, was driving an Eicher tempo bearing reg...

High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim Case Due to Tribunal's Failure to Consider Evidence — Claimants Entitled to Compensation Under Section 163A of Motor Vehicles Act, 1988. The Court held that under Section 163A, the claimant need not prove negligence, and the Tribunal erred in dismissing the claim on the ground that the offending vehicle was not identified.

12 Jan 2026

The present appeal was filed by the original claimants, being the wife, major children, and parents of the deceased Shantilal Kalabhai Garasia, a Poli...

Supreme Court

Supreme Court Upholds Conviction for Rape Based on Sole Testimony of Prosecutrix — Delay in FIR and Absence of Injuries Not Fatal. The court held that the prosecutrix's evidence was credible and trustworthy, and no corroboration was required under Section 376 IPC.

1 Dec 2021

The appellant, Phool Singh, was convicted by the trial court for the offence of rape under Section 376 IPC and sentenced to seven years rigorous impri...

High Court

High Court of Karnataka Dismisses Appeals by Insurance Company and KSRTC in Motor Accident Claim, Upholds Compensation of Rs.15,12,000 for Death of Pillion Rider. Negligence of KSRTC Bus Driver Established; Insurance Company Liable to Pay Compensation with 9% Interest.

3 Sep 2020

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, Sebastian Parekal, who died in a road acciden...

High Court

High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim Under Section 163A MV Act — No Defence of Contributory Negligence Available. The Court held that under Section 163A of the Motor Vehicles Act, 1988, the defence of contributory negligence is not available to the insurer and the Tribunal's award based on the structured formula cannot be interfered with.

28 Apr 2020

The appellant, IFFCO-TOKIO GIC Ltd., an insurance company, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment ...

High Court

High Court of Bombay at Goa Upholds Conviction for Rash Driving and Causing Grievous Hurt in Road Accident — Evidence of Eye Witnesses and Spot Panchanama Sufficient to Prove Negligence.

26 Sep 2019

The applicant, Sumedh Shetye, was convicted by the Judicial Magistrate First Class, Valpoi for offences under Sections 279 and 338 of the Indian Penal...

High Court

Bombay High Court Upholds Conviction for Rash Driving Causing Death in Motor Accident Case. Appeal Dismissed as Evidence of Rashness and Negligence Established Beyond Reasonable Doubt Under Sections 279, 304A IPC and Motor Vehicles Act.

21 Nov 2018

The present appeal was filed under Section 374 of Cr.P.C. by the original accused No.1, Sanjay Bhavrao @ Baburao Sapkal, challenging his conviction in...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Claimants' Appeal Dismissed as No Error Found in Tribunal's Assessment of Income and Multiplier.

9 Jul 2018

The case involves two appeals arising from a motor accident claim. The accident occurred on 20th June 2013 when the deceased, Umesh M. Kholkar, was ri...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimants' Cross-Objection for Enhanced Compensation Dismissed as Deceased Pedestrian Found 50% Negligent for Crossing Road Without Caution.

5 Mar 2018

The case arises from a motor accident claim petition filed by the legal representatives of the deceased Khajasab, who died in a road accident on 18-03...

High Court

High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Unknown Vehicle Driver Established, No Contributory Negligence by Motorcyclist. Tribunal's Award of Rs 5,21,500 with 9% Interest Upheld as Just and Proper Under Section 173 of Motor Vehicles Act, 1988.

22 Aug 2013

The case arises from a motor vehicle accident on 11 December 2007, when Ramdas Telhande, aged 35, was driving a motorcycle bearing registration No. MH...

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