Search Results for "negligent act"

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Bombay High Court Allows Enhancement of Compensation in Motor Accident Claim by Treating Petition Under Section 166 Instead of Section 163A of Motor Vehicles Act, 1988. Claimants entitled to just compensation based on actual income and future prospects, not structured formula.

The appellants, being the widow, minor children, and father of the deceased Diwakar Pawade, filed a claim petition under Section 166 of the Motor Vehi...

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of 22-Year-Old Labourer. Negligence of Tanker Driver Proved; Contributory Negligence of Deceased Not Established; Income Assessed at Rs. 9,000 per Month Under Motor Vehicles Act, 1988.

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Thane, dated 30 September 2022, in MACP No. 108 of 2015. The claimants, legal...

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High Court partly allowed Insurance Company's Appeal in Motor Accident Claim -- Modified Compensation Award Under Section 163-A of Motor Vehicles Act for Death of The deceased

The National Insurance Company Ltd. appealed against a Tribunal award granting compensation of Rs.4,24,505/- with 9% interest to the claimants for the...

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High Court of Karnataka Hears Appeals in Motor Accident Claims Challenging Tribunal's Absolution of Insurer and Inadequate Compensation. Claimants Argue That Insurer Failed to Prove Driving Licence Breach and Must Pay Under 'Pay and Recover' Principle of Motor Vehicles Act, 1988.

The appeals arose from a motor vehicle accident on 30.06.2009 where a husband and wife on a motorcycle were hit by a rashly driven Light Goods Vehicle...

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Bombay High Court Dismisses Revision Against Conviction for Rash Driving Causing Death of Two Children. Concurrent findings of fact by trial and appellate courts under Sections 279, 304-A IPC and Section 184 Motor Vehicles Act upheld as not perverse.

The applicant, Shamrao Arma, was convicted by the trial court for offences under Sections 279 (rash driving) and 304-A (causing death by negligence) o...

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Gujarat High Court Allows Insurance Company's Appeal Reducing Compensation Due to Contributory Negligence and Lower Income Assessment. Claimant's failure to prove income and own negligence led to 50% reduction in awarded amount.

The case arises from a motor accident claim petition filed by the original claimant, Krishnamurari Ramsevak Mahanto, who suffered severe injuries due ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim for Minor Deceased — Compensation of Rs.79,500/- Upheld. Notional Income of Rs.15,000 per annum applied for a 6-year-old child under Motor Vehicles Act, 1988, Section 166, but no enhancement allowed without cross-appeal.

The appeal was filed by the National Insurance Co. Ltd. against the judgment and order dated 11/11/2005 of the Motor Accident Claims Tribunal, Wardha,...