Search Results for "negligence"

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Search Results for "negligence"

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High Court

Gujarat High Court Allows Insurance Company's Appeal in Part and Reduces Compensation in Motor Accident Case Due to Contributory Negligence and Corrected Multiplier. The court upheld 60:40 negligence apportionment but recalculated compensation using multiplier 14, deducting 1/4th personal expenses, and reducing interest to 7.5% under Motor Vehicles Act, 1988.

6 Mar 2026

The case arises from a motor accident on 18.04.2019 involving a truck (GJ-10-TT-5084) and a motorcycle, resulting in the death of the motorcyclist, Ra...

High Court

Madras High Court Enhances Compensation for Deceased Motorcyclist's Parents in Motor Accident Claim. Insurer Remains Liable as Policy Cancellation Occurred After Accident, Contributory Negligence Reduced for Non-Wearing of Helmet but Not for Lack of Licence.

17 Mar 2025

The appeal arose from a claim petition filed by the parents of the deceased Nethaji, who died in a road accident on 23.10.2017. The deceased was ridin...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim for Pillion Rider Injured in Tractor Collision — Tribunal's Deduction for Contributory Negligence Set Aside as No Evidence of Rider's Fault.

3 Feb 2026

The appellant, Rupasangji Ravaji Thakor, was a pillion rider on a motorcycle when a tractor driven rashly and negligently dashed into the motorcycle f...

High Court

High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Truck Driver Established. Deceased's Income as Mason in Gulf Countries Assessed at Rs.10,000 per Month with 30% Future Prospects and Multiplier of 15 Applied.

21 Jan 2026

The case arises from a motor accident claim petition filed by the heirs of deceased Shantilal Patel. On 03.12.1997, the deceased was riding his scoote...

High Court

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.

8 Jun 2026

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...

High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 20% to 10% and Enhances Compensation. Tribunal's finding of contributory negligence set aside as no evidence of negligence by deceased driver; compensation enhanced under Motor Vehicles Act, 1988.

8 Jan 2026

The present appeal under Section 173 of the Motor Vehicles Act, 1988 arises from a judgment and award dated 22.10.2021 passed by the Motor Accident Cl...

High Court

Bombay High Court Dismisses Insurer's Appeal in Composite Negligence Case — Insurer Liable for Entire Compensation with Right to Recover from Other Tortfeasor. Claimants can recover full amount from one joint tortfeasor under Section 166 of Motor Vehicles Act, 1988; insurer cannot compel joinder of other vehicle owner.

29 Jan 2014

The appeal arises from a judgment and award dated 01.04.2013 passed by the Motor Accident Claims Tribunal, Achalpur in Claim Petition No. 62 of 2010. ...

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

High Court of Karnataka Quashes Proceedings Against Supervisor Engineer in Rash Driving Case — No Vicarious Liability Without Specific Overt Act. Petitioner, a supervisor engineer, was charged under Sections 279, 304A IPC and Sections 134(a)(b) r/w 187 of Motor Vehicles Act, 1988 for a fatal accident caused by the driver of a tipper lorry; court held that mere supervisory role does not attract criminal liability without evidence of direct involvement or abetment.

15 Feb 2019

The petitioner, Sri M. Srinivas, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of proceedings in C.C. No...

High Court

Madras High Court Allows Insurance Company's Appeal in Motor Accident Claim; Sets Aside Award Passed Under Section 163A After Tribunal Found Deceased Negligent. Court Rules That Conversion of a Section 166 Petition to One Under Section 163A After a Finding on Negligence Is Impermissible, and in Absence of Cross-Objection, Cannot Revisit Negligence Finding Under Order XLI Rule 33 CPC.

13 Jul 2026

In a motor accident claim, the parents of the deceased Ranjith Kumar filed a petition under Section 166 of the Motor Vehicles Act, 1988, seeking compe...

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