Search Results for "Negligence Assessment"

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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Insurance Company's Appeal Dismissed. Claimants awarded enhanced compensation for death of breadwinner under Motor Vehicles Act, 1988, with future prospects and multiplier applied correctly.

The case arises from a motor accident claim petition filed by the legal representatives of S.B. Yeshwant, who died in a road accident on 19.08.2018. T...

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Bombay High Court Awards Compensation to Widow and Children for Death of Patient in Mental Hospital Due to Negligence. State Held Vicariously Liable for Failure to Provide Adequate Staff and Security at Yerwada Mental Hospital.

The petitioners, the widow and two children of a deceased man, filed a writ petition seeking compensation from the State of Maharashtra and its office...

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Gujarat High Court Dismisses Appeal by Electricity Company in Electrocution Death Case. Paschim Gujarat Vij Company Ltd. held liable for death due to high voltage in support wire of electric pole, affirming strict liability and compensation of Rs.6,30,000.

The case arises from an incident on 24 November 1993, when Deepakkumar J. Bhatt, while participating in a religious ceremony (Tulsi Vivah) in Village ...

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Gujarat High Court Allows Appeal in Motor Accident Claim Under Section 163A MV Act — Negligence Assessment Not Permissible. Appellants entitled to full compensation without reduction for contributory negligence as claim under Section 163A is structured on no-fault liability.

The appellants, original claimants, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988, before the Motor Accident Claims Tribun...

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Madras High Court Enhances Compensation for Death of 55-Year-Old Man in Motor Accident, Upholds Negligence of Driver and Vicarious Liability of Owner. Future Prospects at 10% and Multiplier of 11 Applied Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, R. Rajendran, who died in a road accident on ...

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Gujarat High Court Allows Appeal in Part, Reduces Contributory Negligence and Enhances Compensation in Motor Accident Claim. Deceased motorcyclist held only 10% negligent as car driver was primarily at fault; income tax returns considered for computing income leading to enhanced compensation.

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the appellants, who are the original claimants and legal heirs...

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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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High Court of Bombay at Aurangabad Dismisses Appeal by MSRTC in Motor Accident Claim Case — Compensation Award Upheld as Just and Proper. Claimant's Income Assessed at Rs. 3,000 per month and Future Prospects Added at 40% Under Section 166 of Motor Vehicles Act, 1988.

The present appeal was filed by the Divisional Controller, Maharashtra State Road Transport Corporation (MSRTC), challenging the judgment and award da...

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Bombay High Court Partly Allows Appeal by MSRTC Reducing Compensation in Motor Accident Claim Due to Contributory Negligence and Multiplier Error. Claimants' compensation reduced from Rs. 7,50,000 to Rs. 5,00,000 as deceased was 50% contributorily negligent and multiplier of 13 was corrected to 12.

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Jalna, in MACP No. 01/2013, awarding compensation of Rs. 7,50,000 to the clai...