Search Results for "contributory negligence"

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Gujarat High Court Partly Allows Appeal in Motor Accident Claim — Enhances Compensation Under Conventional Heads. 10% Contributory Negligence Upheld in Head-on Collision Under Motor Vehicles Act, 1988 Section 173.

The case arises from a motor accident claim petition filed by the legal heirs of deceased Nirmalkumar Lavkumar Thakar, who died in a collision between...

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High Court of Bombay at Goa Dismisses Insurer's Appeal in Motor Accident Claim — Negligence Finding Upheld. The Court held that the Tribunal's finding on negligence was not perverse and contributory negligence was not proved by the insurer.

The case arises from a motor accident on 17.01.2021 where Mario Bernard Fernandes (Bernard), riding an Activa scooter, collided with a Toyota Qualis i...

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Supreme Court Partly Allows Appeal in Motor Accident Claim Case -- Overturns High Court's Contributory Negligence Finding -- Restores Tribunal's Award for Full Compensation

The Supreme Court heard an appeal challenging the High Court's finding of 50% contributory negligence on the deceased car driver in a motor accident c...

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Bombay High Court Upholds Insurance Company's Liability in Motor Accident Claim — Composite Negligence Established. National Insurance Company held liable to pay compensation as insurer of the Tempo Trax, despite the accident being caused by a bus, due to composite negligence of both drivers.

The appellant, National Insurance Company Limited, challenged the judgment and award dated 6.12.2006 passed by the Motor Accident Claims Tribunal at G...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — No Negligence on Part of Deceased Driver. Claimants Entitled to Compensation Under Section 163A of Motor Vehicles Act, 1988 as Tribunal Correctly Applied Structured Formula Without Need to Prove Negligence.

The appeal was filed by the insurance company, Reliance General Insurance Company Limited, challenging the judgment and award dated 09.05.2014 passed ...

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High Court of Bombay Allows Appeal in Motor Accident Claim — Pillion Rider Cannot Be Held Guilty of Contributory Negligence. The court held that a pillion rider has no control over the vehicle and cannot be attributed negligence unless there is specific evidence of active intervention.

The appellant, a pillion rider on a motorcycle, was injured in an accident involving a tractor. He filed a claim petition before the Motor Accident Cl...