Search Results for "Victim Negligence Defence"

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Gujarat High Court Allows Appeal and Enhances Compensation in Motor Accident Claim Case Due to Negligence of Deceased Driver. Applies Multiplier of 15, Adds 40% Future Prospects, and Deducts 1/4th for Personal Expenses Under Motor Vehicles Act, 1988.

The present appeal arises from a judgment and award dated 30.09.2015 passed by the Motor Accident Claims Tribunal (Auxiliary), Surendranagar, in M.A.C...

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High Court of Karnataka Enhances Compensation for Death of 25-Year-Old in Motor Accident, Upholds Insurance Company's Liability. Claimants awarded additional compensation under standard heads with 6% interest per annum.

The appeals arise from a judgment and award dated 18.04.2015 passed by the Additional Motor Accident Claims Tribunal, Sirsi, in MVC No.5/2013. The cla...

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High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim Under Section 163A MV Act — No Defence of Contributory Negligence Available in Structured Formula Claims. Insurer Liable to Pay Compensation Despite Alleged Negligence of Deceased as Section 163A is a No-Fault Liability Scheme.

The appeal arises out of a judgment and award dated 20.06.2013 in M.V.C.No.301/2011 passed by the Principal Senior Civil Judge & M.A.C.T., Puttur, D.K...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's failure to produce valid driving licence and negligence in driving led to reduction of compensation by 50%.

The case involves two appeals filed by the Oriental Insurance Co. Ltd. against the judgment and award dated 03.10.2009 passed by the Civil Judge (Sr.D...

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Bombay High Court Acquits Appellants in Gang Rape Case Due to Inconsistent Evidence and Lack of Independent Witnesses. Conviction under Section 376(2)(g) IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The case pertains to an appeal against the conviction of two appellants, Prafulla Vinayak Nage and Atul Shrikrishna Bhadake, under Section 376(2)(g) (...

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High Court of Bombay at Aurangabad Dismisses Appeals by Insurance Company and Owner in Motor Accident Claim — Negligence of Driver Upheld. Compensation Award of Rs. 7,50,000 Confirmed Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal representatives of Balkrushna Khandagale, who died in a collision between a motorcycle ...

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Bombay High Court Upholds Dismissal of Bus Driver for Gross Negligence Causing Fatal Accident. Disciplinary Enquiry Valid Despite Acquittal in Criminal Case as Standard of Proof Differs.

The Brihanmumbai Municipal Corporation (BMC) through its BEST Undertaking challenged a Labour Court order that set aside the dismissal of a bus driver...