Search Results for "Negligence Finding"

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Gujarat High Court Dismisses Appeals by District Panchayat in Failed Sterilization Cases, Upholds Compensation for Unwanted Child. Negligence in Tubectomy Operation Leads to Liability for Maintenance of Child Born After Failed Procedure.

The case involves three Second Appeals filed by the Patan District Panchayat and others against a common judgment of the Appellate Court in a suit for...

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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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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Reduces Contributory Negligence from 50% to 25%. Claimants awarded enhanced compensation of Rs. 11,93,000 with interest at 6% per annum under Motor Vehicles Act, 1988.

The appeal was filed by the claimants, legal representatives of the deceased Vasappa Koti, challenging the judgment and award dated 01.09.2014 passed ...

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Bombay High Court Partly Allows BEST's Appeal in Motor Accident Claim, Reduces Compensation for Pan Shop Owner. Court holds that notional income for self-employed person with no proof of income should be based on minimum wage guidelines, and reduces compensation from Rs. 13,50,073 to Rs. 9,00,000.

The case involves an appeal filed by the Bombay Electric Supply and Transport Undertaking (BEST) under Section 173 of the Motor Vehicles Act, 1988, ch...

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Bombay High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to 50% Contributory Negligence of Deceased Driver. Apportionment of Liability Based on Evidence of Wrong-Side Driving, Reducing Award from Rs.24,84,480 to Rs.12,42,240 with 6% Interest.

The case arises from a motor accident claim petition filed by the legal heirs of Ashok Thorat (deceased) under Section 166 of the Motor Vehicles Act, ...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's contributory negligence assessed at 50% for sitting on the footboard of a bus, reducing insurer's liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the claimant, Gulam Mohammad, sustained injuries while traveling as a passenger in a bus owned by Ka...

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High Court of Karnataka Partly Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 60% to 50% and Enhances Compensation. The court held that both drivers were equally negligent and enhanced conventional damages following Rajesh v. Rajbir Singh.

The appeal was filed by the claimants, legal representatives of deceased D. Narayanadas, against the judgment and award dated 14th February 2011 passe...

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High Court of Karnataka Allows Claimant's Appeal for Enhancement of Compensation in Motor Accident Claim - Insurance Company's Appeal Dismissed. Amputation of leg leads to 100% functional disability, compensation enhanced to Rs. 14,98,383/- with 6% interest.

The case involves two appeals arising from a motor accident claim. The claimant, Mr. Devaraju T, a 27-year-old driver, sustained grievous injuries in ...