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Search Results for "truck driver negligence"

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High Court

High Court of Bombay at Nagpur Allows Appeal in Workmen's Compensation Case — Employer's Liability for Driver's Injury Upheld Despite Insurance Policy in Previous Owner's Name. The court held that negligence of the workman is not a defence under the Workmen's Compensation Act, 1923, and the employer is liable to pay compensation for injuries sustained during employment.

14 Feb 2014

The appellant, Tarachand Shrawanji Shambharkar, was a truck driver employed by respondent No.1, Prashant Ramchandra Hiranwar. On 29th June, 1997, whil...

High Court

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.

17 Mar 2026

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...

High Court

Gujarat High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim — Tribunal's Failure to Consider Minimum Wages and Future Prospects Leads to Enhancement of Award. The Court held that the income of the injured truck driver should be assessed based on minimum wages and future prospects, and compensation for permanent disability should be recalculated.

3 Mar 2026

The appellant, Kanji Vankaji Rathod, a truck driver, sustained serious injuries in a motor vehicle accident on 28.04.2015 when his truck collided with...

High Court

Bombay High Court Dismisses Union of India's Appeal in Railway Level Crossing Accident Case — Joint Liability Upheld for Negligence of Railway Staff. Court affirms that keeping level crossing gate open for road traffic without warning constitutes negligence, making Railways jointly and severally liable with truck owner and insurer under the Fatal Accidents Act, 1855.

10 Aug 2023

The case arises from a fatal accident on 24th January 1979, when a truck (Registration No. MHS 7493) carrying sugarcane and driven by Mohamed Amanjibh...

High Court

Bombay High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased driver found 50% contributorily negligent in head-on collision; insurer's liability limited to 50% of awarded amount under Motor Vehicles Act, 1988.

29 Nov 2012

The case arises from a motor accident on 25.12.1989 on National Highway No.7 near Kondhali, Nagpur, involving a collision between two trucks: one bear...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim Case Due to Negligence of Truck Driver and Proper Application of Multiplier. The Court set aside the finding of contributory negligence and recalculated compensation using correct multiplier and future prospects under Motor Vehicles Act, 1988.

23 Aug 2025

The case arises from a motor accident that occurred on 20.12.2013 involving a truck and a motorcycle. The deceased, Prakash Jadhav, was riding a motor...

Supreme Court

Supreme Court Partly Allows Appeal in Motor Accident Claim Case -- Overturns High Court&amp;amp;#039;s Contributory Negligence Finding -- Restores Tribunal&amp;amp;#039;s Award for Full Compensation

8 Dec 2025

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...

High Court

Bombay High Court Allows Appeal for Enhancement of Compensation in Motor Accident Claim Case. Finding of Contributory Negligence Set Aside as Truck Driver Was Solely Negligent Under Motor Vehicles Act, 1988.

2 Aug 2022

The appeal arises from a judgment and award of the Motor Accident Claims Tribunal, Ahmednagar in M.A.C.P. No. 4 of 2016, whereby the Tribunal awarded ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case — Sets Aside Tribunal's Finding of Contributory Negligence and Non-Involvement of Vehicle. Court holds that in a hit-and-run case, the claimant's testimony and FIR can establish involvement of the offending vehicle, and contributory negligence cannot be presumed without evidence.

19 Nov 2014

The appellant, Pandurang Tejrao Bhoyar, was riding a motorcycle with his sister as a pillion rider on 20 July 2005 when a speeding truck dashed agains...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Held that contributory negligence of 50% must be attributed to deceased motorcyclist who dashed against a stationary truck, reducing the insurer's liability under Section 166 of the Motor Vehicles Act, 1988.

30 Nov -0001

The case involves three first appeals filed by ICICI General Insurance Company Limited against the judgment and award of the Motor Accident Claims Tri...

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