Search Results for "contributory negligence"

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Search Results for "contributory 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

Gujarat High Court Allows Appeal in Motor Accident Claim, Reduces Contributory Negligence and Enhances Compensation. The Court held that the Tribunal's finding of 30% contributory negligence on the deceased motorcyclist was perverse as the accident was caused by the car driver driving on the wrong side, and enhanced compensation by applying 40% future prospects, 1/4th deduction, and multiplier 15 under Motor Vehicles Act, 1988.

13 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, challenging th...

High Court

Bombay High Court Allows Appeals in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. Deceased were not third parties but employees of the offending vehicle owner, and contributory negligence was established.

6 Jun 2022

The case arises from a motor accident that occurred on 28th January 2000, involving a vehicle owned by the Commandant, CAD Camp, Pulgaon, and driven b...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim, Sets Aside Contributory Negligence Finding and Enhances Compensation. The Court held that contributory negligence cannot be based on surmise when evidence shows negligence of the other party, and future prospects of 15% must be added for a government employee aged 53 under Section 166 of the Motor Vehicles Act, 1988.

11 Dec 2019

The appeal arose from a motor accident claim filed by the widow of a deceased government employee. The accident occurred on 13 August 2008 when the de...

High Court

Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Negligence of Maruti Van Driver Upheld. Compensation Awarded to Legal Heirs of Deceased Rider and Injured Pillion Riders Under Section 166 of Motor Vehicles Act, 1988.

11 Sep 2019

The case involves three appeals filed by The New India Assurance Co. Ltd. against judgments and awards of the Claims Tribunal, Raigad, in three motor ...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — No Contributory Negligence by Deceased Driver. Insurer Failed to Prove Negligence of Deceased in Head-On Collision with Tempo; MACT Award of Rs. 71,36,917 Upheld.

9 Jun 2017

The case arises from a motor accident claim filed by the respondents (claimants) being the legal heirs of Sudam Auti, who died in a head-on collision ...

High Court

High Court of Karnataka Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased. Claimants' appeal for enhancement dismissed as Tribunal's assessment of income and multiplier was correct.

6 Oct 2015

The case involves two appeals arising from a motor accident claim. The appellant, Karnataka State Road Transport Corporation (KSRTC), filed MFA No.138...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Apportionment of Liability Between Two Vehicles Determined. The court held that the accident was caused solely by the rash and negligent driving of the KSRTC bus driver, and the compensation was enhanced to Rs. 8,50,000/- with interest at 6% per annum.

8 Jun 2015

The case involves two appeals arising from a motor accident claim. The claimants, Lalitha and her minor daughter Nikila, filed a claim petition under ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case — Finding of Contributory Negligence Set Aside Due to Lack of Evidence. Parents of deceased motorcyclist awarded full compensation of Rs.60,000 with interest as Tribunal's finding of contributory negligence was based on no evidence.

29 Oct 2010

The appellants, parents of the deceased Shekhar Krishna Kalgutker, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking c...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case — Reduces Contributory Negligence Finding Against Pillion Rider. Pillion rider cannot be attributed contributory negligence for driver's fault; insurer liable for full compensation under Motor Vehicles Act, 1988.

4 Aug 2010

The appeal was filed by the original claimants, the widow and minor children of the deceased Hanumant, against the judgment and order dated 13 July 19...

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