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 Gujarat Allows Appeal in Motor Accident Claim — Enhances Compensation for Death and Injury. Multiplier of 13 and 40% Future Prospects Applied; Contributory Negligence Set Aside.

The case arises from a motor accident on 27.03.2014 involving a motorcycle and a Tata vehicle. The deceased Narendrasinh Kalusinh Baraiya died, and hi...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Sets Aside Tribunal's Dismissal for Non-Prosecution. Held that the Tribunal erred in dismissing the claim application for default without considering the merits, and the matter must be restored for fresh adjudication.

The appellant, Mohd. Saber s/o Mohd. Illyas, filed a claim application before the Railway Claims Tribunal, Nagpur Bench, seeking compensation for inju...

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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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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Jurisdiction Objection Rejected. Claimants Awarded Compensation of Rs.4,22,900/- with 6% Interest for Death in Lorry Accident.

The appeal was filed by the insurer, Royal Sundaram Alliance Insurance Company Limited, challenging the judgment and award dated 10.08.2012 passed by ...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Jurisdiction Objection Overruled. Claimants awarded compensation of Rs.4,22,900/- with interest at 6% p.a. for death in road accident.

The appeal was filed by the insurer, Royal Sundaram Alliance Insurance Company Limited, challenging the judgment and award dated 10.08.2012 passed by ...

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Bombay High Court Acquits Accused in Kidnapping and Rape Case Due to Inconsistent Evidence. Conviction under Sections 363, 366, 376 IPC set aside as prosecutrix's testimony was unreliable and medical evidence did not support rape.

The appellant, Zabarsingh Pilya Bhilala, was convicted by the IIIrd Ad hoc Assistant Sessions Judge, Achalpur in Sessions Trial 80/1997 for offences u...

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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 Conviction for Simple Hurt in Rape Case Acquittal Appeal — Appellants Acquitted of Rape but Convicted Under Section 323 IPC for Assaulting Prosecutrix.

The appellants, Sonu Babu Pival and Kanta Sonu Pival, were convicted by the Sessions Judge, Pune on 14.8.1996 in Sessions Case No.379 of 1995. They we...