Search Results for "negligent act"

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Bombay High Court Allows Appeal in Railway Accident Claim — Death of Passenger Due to Fall from Train Held Untoward Incident. Mother of Deceased Entitled to Compensation Under Section 124-A of the Railways Act, 1989 as Negligence Not a Defence.

The appeal was filed by the mother of the deceased, Dinesh, challenging the judgment of the Railway Claims Tribunal, Nagpur, which rejected her claim ...

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Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Incorrect Age and Income Assessment. Compensation Reduced as Deceased's Age Was 54 Years, Not 50, and Income Was Unproven, Requiring Application of Minimum Wages and Correct Multiplier Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the deceased Balvant Haridan Gadhvi died in a truck accident on 11.10.2012. The claimants, legal hei...

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Gujarat High Court Allows Appeal in Motor Accident Claim Case Due to Inadequate Compensation. Compensation Enhanced Considering Future Prospects and Pain and Suffering Under Section 173 of Motor Vehicles Act, 1988.

The appellant, Jayeshkumar Sirilbhai Parmar, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award da...

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Gujarat High Court Partly Allows Appeal by ST Corporation in Motor Accident Claim — Reduces Compensation Due to Lower Income Assessment and Conventional Damages. Deceased Motorcyclist's Income Reduced to Minimum Wage, Contributory Negligence Upheld at 10%.

The present appeal was filed by the Gujarat State Road Transport Corporation (original respondent) under Section 173 of the Motor Vehicles Act, 1988, ...

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Gujarat High Court Reduces Compensation in Motor Accident Claim Due to Lack of Income Proof and Excessive Multiplier Application. Insurance Company's Appeal Allowed as Tribunal's Income Assessment Was Without Evidence.

The case involves two first appeals filed by the National Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988, challenging a c...

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High Court of Gujarat Dismisses Appeal by UPSRTC in Motor Accident Claim — Negligence of Bus Driver Proved. Corporation Liable as Owner of Offending Vehicle Under Section 166 of Motor Vehicles Act, 1988.

The appellant, Uttar Pradesh State Road Transport Corporation (UPSRTC), filed an appeal under Section 173 of the Motor Vehicles Act, 1988, against the...

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High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Deceased's Income as Shikshan Sewak Assessed at Rs.19,000 per Month Based on 6th Pay Commission. Compensation of Rs.44,21,000 Upheld as Just and Proper.

The case involves an appeal filed by Shriram General Insurance Company Ltd. under Section 173 of the Motor Vehicles Act, 1988, challenging the award o...

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High Court of Karnataka Allows Enhancement of Compensation in Motor Accident Claim Case — Insurance Company's Appeal Dismissed. Contributory Negligence of 25% Affixed on Deceased Rider for Not Wearing Helmet, Reducing Claimants' Compensation Proportionately.

The judgment arises from two appeals: MFA No.8513/2015 filed by the claimants (parents of the deceased) seeking enhancement of compensation, and MFA N...