Search Results for "Victim Negligence Defence"

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High Court of Gujarat Dismisses Corporation's Appeal and Partly Allows Claimants' Cross-Objection in Motor Accident Claim — Negligence of ST Bus Driver Established, Compensation Enhanced by 10% for Future Prospects.

The case arises from a motor accident claim petition filed by the legal heirs of Shantilal Waghela, who died in a road accident on 17.11.2010. The dec...

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High Court of Karnataka Allows Enhancement of Compensation in Motor Accident Claim Case — Insurance Company's Appeal Dismissed. Contributory Negligence of 25% Affixed on Deceased Rider for Not Wearing Helmet, Reducing Claimants' Compensation Proportionately.

The judgment arises from two appeals: MFA No.8513/2015 filed by the claimants (parents of the deceased) seeking enhancement of compensation, and MFA N...

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Supreme Court Allows Appeal Against High Court Order Granting Permission to Private Person to Conduct Prosecution Under Section 302 CrPC. Permission Cannot Be Granted Mechanically Merely Because Applicant Is an Aggrieved Party; Exceptional Circumstances Required.

The appeal arose from an order of the Bombay High Court allowing respondent No. 2 (the complainant) to conduct prosecution under Section 302 of the Co...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — No Contributory Negligence by Deceased Motorcyclist. Claimants entitled to compensation under Section 163-A of Motor Vehicles Act, 1988 without proof of negligence.

The case arises from a motor accident claim petition filed by the legal representatives of the deceased Chandrakant Belvi under Section 163-A of the M...

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High Court of Karnataka Allows Enhancement of Compensation in Motor Accident Claim — Future General India Insurance Company's Appeal Dismissed. Multiplier applied as per age of deceased, not claimant, and future prospects considered for self-employed victim.

The case involves two appeals arising from a motor accident claim. The claimants, parents of the deceased, sought enhancement of compensation, while t...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Deemed Owner Liability Under Section 163-A MV Act. Occupant of Jeep Treated as Third Party; Insurance Company Cannot Avoid Liability on Ground of Policy Exclusion.

The appeal was filed by the Oriental Insurance Company Limited against the judgment and award dated 19.02.2013 passed by the Motor Accident Claims Tri...