Search Results for "negligence"

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Supreme Court Partly Allows Appeal in Motor Accident Claim Case -- Overturns High Court's Contributory Negligence Finding -- Restores Tribunal's Award for Full Compensation

The Supreme Court heard an appeal challenging the High Court's finding of 50% contributory negligence on the deceased car driver in a motor accident c...

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Gujarat High Court Allows Appeal of Claimants in Motor Accident Case — Negligence of Scooter Driver Cannot Be Attributed to Pillion Rider. Compensation Enhanced from Rs.2,51,325 to Rs.9,26,800 for Death of 28-Year-Old Mason in Bus Collision Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the deceased, Bhikhaji Thakor, was a pillion rider on a scooter that was hit by a Gujarat State Road...

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Bombay High Court Acquits Bus Driver in Rash Driving Case Due to Lack of Evidence of Negligence. Conviction under Sections 279 and 304-A IPC set aside as sole eyewitness did not testify that the bus was driven rashly or negligently.

The applicant, Shivaji Damodar Karne, a bus driver employed with BEST, was convicted by the trial court (28th Esplanade Court, Mumbai) in CC No.40/P/9...

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Bombay High Court Partly Allows Appeal by Transport Corporation Reducing Compensation in Fatal Accident Case. Multiplier reduced from 13 to 7 for deceased aged 74, upholding 50% contributory negligence.

The case arises from a motor accident on 13.04.2012 when a bus owned by M/s. Kadamba Transport Corporation Ltd. (appellant) and driven by respondent n...

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High Court of Gujarat Partly Allows Appeal in Motor Accident Claim Case — Reduces Contributory Negligence Deduction from 40% to 20% and Enhances Compensation. Negligence of Truck Driver Established Through FIR and Panchnama, Deceased's Income Assessed at Rs.4,000 Per Month Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of Mustufabhai Mohammadbhai Vohra, who died in a vehicular accident on 2...

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Gujarat High Court Dismisses Appeals by District Panchayat in Failed Sterilization Cases, Upholds Compensation for Unwanted Child. Negligence in Tubectomy Operation Leads to Liability for Maintenance of Child Born After Failed Procedure.

The case involves three Second Appeals filed by the Patan District Panchayat and others against a common judgment of the Appellate Court in a suit for...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income and Negligence. Owner of Vehicle Held Liable for Contributory Negligence as Driver Was Not Holding Valid Driving Licence.

The case involves multiple appeals arising out of a motor accident that occurred on 18.10.2008. The appellant, New India Assurance Co. Ltd., challenge...