Search Results for "Composite Negligence"

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Bombay High Court Allows Appeal in Motor Accident Claim for Death of 10-Year-Old Girl, Sets Aside Contributory Negligence Finding. Court holds that a child passenger cannot be held contributorily negligent and enhances compensation under Motor Vehicles Act, 1988.

The appellants, father and siblings of the deceased Savita, a 10-year-old girl, filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeki...

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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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High Court of Gujarat Enhances Compensation for Injured Cleaner in Composite Negligence Truck Accident. Claimant's Income Reassessed at Rs.2,400 per month with 40% Future Prospects and Multiplier of 18 Under Motor Vehicles Act, 1988.

The appellant, Dineshkumar Bababhai Prajapati, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award ...

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Bombay High Court Upholds Compensation Award in Motor Accident Case — Insurance Company Liable for Negligent Parking of Vehicle. Truck parked without indication on highway causing accident; insurer held jointly liable with owner for compensation under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 13th March 2009, when the respondent no.1, a minor aged 10 years, was traveling in a Tata Magic...

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Bombay High Court Allows Appeals in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. Deceased were not third parties but employees of the offending vehicle owner, and contributory negligence was established.

The case arises from a motor accident that occurred on 28th January 2000, involving a vehicle owned by the Commandant, CAD Camp, Pulgaon, and driven b...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim Cases — Reduces Compensation Due to Lack of Proof of Income and Negligence of Driver. The court held that in the absence of proof of income, notional income should be applied and compensation reduced.

The judgment involves three miscellaneous first appeals filed by the Oriental Insurance Company against awards passed by the Motor Accidents Claims Tr...

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Gujarat High Court Allows Appeal in Motor Accident Claim — Negligence Deduction Set Aside and Compensation Enhanced. Pillion Rider Not Liable for Contributory Negligence; Income Reassessed with Future Prospects Under Motor Vehicles Act, 1988.

The appellant, Vinubhai Dayabhai Pansuriya, was a pillion rider on a motorcycle when a Maruti car driven by respondent no.1 in a rash and negligent ma...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Award of Rs. 60,000 with 12% Interest. Insurer Liable for Third-Party Claim Despite Alleged Breach of Policy Conditions as No Evidence of Conscious Violation by Owner.

The case arises from a motor accident claim filed by Prabakar Popat Parve (claimant) against the driver and owner of a Matador (MWD 1548), the driver ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Violation of Policy Condition Due to Invalid Driving Licence. Insurer Not Liable to Pay Compensation as Driver Possessed Fake Licence, But Directed to Pay and Recover from Owner.

The case involves three first appeals filed by New India Assurance Company Ltd. against the common judgment and award passed by the Motor Accident Cla...