Search Results for "contributory negligence"

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Search Results for "contributory negligence"

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High Court

Gujarat High Court Enhances Compensation for Injured Pedestrian in Motor Accident Case, Reduces Contributory Negligence from 50% to 25%. The court held that the driver of the truck was primarily negligent and the claimant's 70% permanent partial disability warranted full loss of future prospects under Section 166 of the Motor Vehicles Act, 1988.

27 Mar 2026

The case arises from a motor accident claim where the original claimant, Prabodhakumar Behera, a pedestrian, was hit by a truck on 22.12.1996, resulti...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim, Reduces Contributory Negligence and Enhances Compensation. The Court held that the Tribunal's finding of 20% contributory negligence was erroneous as the accident was caused by the opponent's rash driving from behind, and enhanced compensation by applying correct multiplier and future prospects.

9 Feb 2026

The case arises from a motor accident on 03.07.2015 when the deceased, Vijaybhai Arvindbhai Rathod, was returning home on his motorcycle with a pillio...

High Court

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.

15 Jan 2026

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...

High Court

Bombay High Court Partly Allows BEST's Appeal in Motor Accident Claim, Reduces Compensation for Pan Shop Owner. Court holds that notional income for self-employed person with no proof of income should be based on minimum wage guidelines, and reduces compensation from Rs. 13,50,073 to Rs. 9,00,000.

5 Oct 2023

The case involves an appeal filed by the Bombay Electric Supply and Transport Undertaking (BEST) under Section 173 of the Motor Vehicles Act, 1988, ch...

High Court

Bombay High Court Partly Allows BEST Appeal in Motor Accident Claim, Reduces Compensation for Loss of Earning Capacity Due to Lack of Evidence of Permanent Disability. The Court held that without medical evidence of functional disability, compensation for loss of earning capacity cannot be granted under Section 173 of the Motor Vehicles Act, 1988.

5 Oct 2023

The case involves an appeal by the Bombay Electric Supply and Transport Undertaking (BEST) against a judgment and award of the Motor Accident Claims T...

High Court

High Court of Judicature at Bombay Allows Appeal in Motor Accident Claim — Tribunal Erred in Dismissing Injury Claim for Lack of Evidence. Claimant's testimony and medical evidence sufficient to prove disability and loss of earning capacity under Motor Vehicles Act, 1988.

24 Feb 2022

The appellant, Satling Gangadhar Bagal, an ex-serviceman aged 49 years, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation...

Supreme Court

Supreme Court Dismisses Consumer Complaint Against Postal Authorities in Kisan Vikas Patra Fraud Case. Postal authorities not vicariously liable for agent's fraud as payment was made to holder under Negotiable Instruments Act, 1881, and appellants' negligence in signing instruments contributed to loss.

7 Feb 2022

The dispute arose from a consumer complaint filed by Pradeep Kumar and Raj Rani against postal authorities, including the Post Master General and othe...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Due to Negligence of Stationary Truck Owner. Deceased Motorcyclist Not Contributorily Negligent; Compensation Enhanced Using Multiplier 9 Under Motor Vehicles Act, 1988.

26 Jul 2017

The appellant, Smt. Deokabai Vishnuji Helonde, widow of Vishnuji Helonde, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, se...

High Court

High Court of Bombay Dismisses Appeal by MSRTC in Motor Accident Claim — Compensation of Rs. 13 Lakhs Upheld for Death of Lecturer with Multiple Income Sources. Tribunal's Assessment of Income, Future Prospects, and Multiplier Found Correct Under Motor Vehicles Act, 1988.

21 Jun 2017

The case arises from a motor accident claim petition filed by the respondents, who are the widow, minor daughter, and parents of the deceased Sheshrao...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Apportionment of Liability Between Two Vehicles Determined. Negligence of KSRTC Bus Driver and Motorcycle Rider Established; Contributory Negligence Not Applicable.

8 Jun 2015

The case arises from a motor vehicle accident that occurred on 18th June 2007 involving a KSRTC bus and a Hero Honda Splendor motorcycle, resulting in...

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