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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Truck Driver Established by Evidence. The Court set aside the Tribunal's finding of no negligence and remanded for fresh consideration.

The appellant, Mrs. Agustha D' Souza Cardozo, filed a claim petition before the Motor Accident Claims Tribunal, South Goa, seeking compensation for in...

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Madras High Court Acquits Accused in Fatal Road Accident Case Due to Inconsistent Evidence and Failure to Prove Rash and Negligent Driving. Conviction under Sections 279, 338, 304A IPC Set Aside as Prosecution Failed to Establish Guilt Beyond Reasonable Doubt.

The case arises from a road accident on 30.10.2016 at about 2.15 p.m. on Mohanur to Karur Road near Vangal Bridge. The defacto complainant Jagadeeswar...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case Due to Negligence of KSRTC Bus Driver. The court upheld the finding of negligence against the bus driver and enhanced compensation by adding future prospects and standard heads.

The case involves two appeals arising from a motor accident claim. The appellant in MFA No. 30819/2012 is the Managing Director of NEKRTC, challenging...

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High Court of Bombay at Nagpur Dismisses Appeal by State in Motor Accident Claim — Negligence of Driver Proved, No Contributory Negligence by Deceased. Employer's Vicarious Liability Upheld Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the respondents (original claimants) under Section 166 of the Motor Vehicles Act, 1988, ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Case Due to Lack of Negligence Proof. Claimants Failed to Establish Rash and Negligent Driving by Truck Driver, Resulting in Setting Aside of Tribunal's Award.

The appeal was filed by the Oriental Insurance Company under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 3.1...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. Claimants failed to establish negligence of driver and income of deceased, leading to reduction in award.

The case involves multiple appeals arising from a motor accident claim. The accident occurred on 10.02.2014 when a motorcycle ridden by Devarajegowda ...

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Bombay High Court Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased Employee. Deceased conductor returning on scooter from depot held equally negligent; compensation reduced by 50% with proper deductions under Motor Vehicles Act, 1988.

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Nagpur, dated 13/12/2005 in Claim Petition No.301/2001, awarding compensation...

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Gujarat High Court Reduces Contributory Negligence from 20% to 10% in Motor Accident Claim — Appellant Motorcyclist Injured in Head-On Collision with Jeep. Court Held That Absence of Evidence of Negligence on Part of Claimant Warrants Reduction of Contributory Negligence and Enhancement of Compensation.

The appellant, Lahernath Raghunath Gauswami, was the original claimant in a motor accident claim petition. On 02.03.2006, while returning to his villa...

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Gujarat High Court Dismisses Insurance Appeal in Motor Accident Case, Upholds 50:50 Contributory Negligence Apportionment. Both ST Bus and Truck Drivers Found Negligent Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 12.01.2007 when an ST bus (GJ-18-V-8903) driven rashly rammed into a stationary truck (GJ-7-X-6523) parked wi...