Search Results for "Rash and Negligent Driving"

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Search Results for "Rash and Negligent Driving"

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High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim Case Due to Arbitrary Dismissal by Tribunal — Compensation Awarded for Injuries Sustained in Jeep Accident. The Tribunal's dismissal of the claim petition under Section 166 of the Motor Vehicles Act, 1988, was set aside as arbitrary, and the matter was remanded for fresh consideration on merits.

7 Sep 2022

The appellant, Shivanand S/o Mahadev Bannur, an advocate by profession, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, befo...

Supreme Court

Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

6 Jan 2022

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Vehicle Accident Cases — Reduces Compensation Due to Lack of Proof of Income and Negligence. The court reduced the compensation awarded by the Tribunal for injuries and death, holding that the claimants failed to prove the income of the victims, and reduced the interest rate from 8% to 6%.

14 Aug 2019

The case involves three miscellaneous first appeals filed by the Oriental Insurance Company against the judgment and award of the Motor Accidents Clai...

High Court

High Court of Karnataka Enhances Compensation for Injured Claimant in Motor Accident Case — Owner's Appeal Dismissed for Lack of Evidence on Driving Licence Violation. The court held that the owner failed to prove breach of policy conditions regarding driving licence, and thus the owner is liable to pay compensation under Section 149(2) of Motor Vehicles Act, 1988.

17 Jun 2019

The case involves two appeals arising from a motor accident claim. The claimant, Smt. Channawwa, was injured in a road accident involving a goods lorr...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Compensation Enhanced for Deceased's Dependents. Negligence of Driver and Insurer's Liability Affirmed Under Motor Vehicles Act, 1988.

24 Jan 2019

The case arises from a motor accident claim petition filed by the dependents of Manju Naik, who died in a collision between two tractors. The claimant...

High Court

High Court of Karnataka Enhances Compensation for Minor Injured in Motorcycle Accident, Dismisses Insurance Company's Appeal Against Liability. The court held that the compensation awarded by the Tribunal was inadequate and enhanced it from Rs.65,000 to Rs.1,00,000, affirming the liability of the insurer under Section 173(1) of the Motor Vehicles Act, 1988.

10 Aug 2017

The case involves two appeals arising from a common judgment of the Motor Accidents Claims Tribunal (MACT) at Belagavi in MVC No.1654/2009. The claima...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Motorcyclist — Deceased Pillion Rider's Death Caused by Rash Driving, Tribunal Erred in Dismissing Claim on Ground of No Negligence. The court held that in a single-vehicle accident involving a pillion rider, the burden to explain the accident lies on the rider, and failure to do so leads to an inference of negligence against the rider under Section 166 of the Motor Vehicles Act, 1988.

5 Sep 2014

The case pertains to a motor accident claim filed by the legal heirs of Josepha Fernandes @ Josepha Da Silva, who died in a motorcycle accident on 17....

High Court

High Court of Bombay at Goa Allows Appeal in Motor Accident Claim — Negligence of Overtaking Bus Driver Established. The court held that the Tribunal erred in rejecting the claim for compensation under the Motor Vehicles Act, 1988, as the evidence clearly showed that the accident was caused by the rash and negligent driving of the respondent's bus driver.

17 Jun 2011

The case arises from a motor accident claim filed by the parents of the deceased Nitin Chari, who died in a road accident on 24.06.1999. The deceased ...

High Court

High Court of Bombay Upholds Conviction for Rash Driving Causing Death Under Section 304-A IPC and Section 187 MV Act — Sentence Reduced to Period Already Undergone. The court found no reason to interfere with the concurrent findings of guilt but modified the sentence to the period already undergone due to the passage of time.

10 Nov 2006

The case involves a Criminal Revision Application filed by Jagannath Jayram Chormale against the judgment and order of the Sessions Court, Satara, whi...

High Court

High Court of Bombay at Goa Allows Appeal in Motor Accident Claim — Negligence of Respondent Driver Established Despite Lack of Independent Witnesses. Court holds that claimant's testimony, corroborated by medical evidence and FIR, is sufficient to prove negligence under Section 166 of the Motor Vehicles Act, 1988.

18 Mar 2005

The appellant, Benny Fernandes, filed a claim petition before the Motor Accident Claims Tribunal, South Goa, Margao, seeking compensation of Rs.1,00,0...

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