Search Results for "negligence"

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Search Results for "negligence"

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High Court

Bombay High Court Quashes Disciplinary Proceedings Against Retired Judicial Officer Initiated After Acceptance of Voluntary Retirement. Disciplinary proceedings initiated after acceptance of voluntary retirement are without jurisdiction as the employer-employee relationship ceases upon retirement.

14 Jun 2019

The petitioner, a retired District Judge, challenged the initiation and continuation of disciplinary proceedings against her after her request for vol...

High Court

Bombay High Court Allows Insurance Company's Appeal Against Interim Compensation Award Under Section 140 of Motor Vehicles Act, 1988 — No Fault Liability Cannot Be Determined Without Prima Facie Evidence of Accident Involvement. The Court held that the Tribunal must record satisfaction about the involvement of the insured vehicle before granting interim compensation under Section 140 of the Motor Vehicles Act, 1988.

4 Jul 2019

The present appeal was filed by Bajaj Allianz General Insurance Co. Ltd. (the original respondent No.2) challenging the order dated 16.10.2010 passed ...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. The Court held that the deceased, a pillion rider on a motorcycle, contributed to the accident by not wearing a helmet, and the insurer's liability was limited to the extent of the owner's negligence.

9 Jul 2019

The present appeal was filed by The New India Assurance Company Ltd. against the judgment and award passed by the Motor Accident Claims Tribunal, Ahme...

High Court

Bombay High Court Partly Allows Appeal for Enhanced Compensation in Motor Accident Claim — Apportionment of Negligence Between Driver and Owner Upheld. Claimants awarded enhanced compensation for death of breadwinner under Motor Vehicles Act, 1988.

2 Jul 2019

The case arises from a motor accident claim filed by the legal heirs of the deceased Jaising Babu Jadhav, who died in a road accident on 20.12.2015. T...

High Court

Bombay High Court Allows Appeal by Western Coalfields Limited in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Jeep Owner Not Liable for Full Compensation as Deceased Employee's Negligence Contributed to Accident.

26 Jul 2019

The case arises from a motor accident that occurred on 13 August 2004, when Sandeep Gupta, an employee of Western Coalfields Limited (WCL), was drivin...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurance Company Liable for Death of Gratuitous Passenger on Tractor. Insurance Company Failed to Prove Breach of Policy Terms, Hence Joint and Several Liability with Owner Upheld.

26 Aug 2019

The present appeal was filed by the National Insurance Company Limited, the original respondent No.2, challenging the Judgment and Award dated 09.12.2...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian held 50% contributorily negligent for crossing highway without care, reducing insurer's liability under Motor Vehicles Act, 1988.

30 Nov -0001

The case arises from a motor accident claim filed by the legal representatives of a deceased pedestrian, Satish Gavali, who died in a vehicular accide...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Dismissal by MACT — Parents of Deceased Cleaner Entitled to Compensation as Tribunal Failed to Consider Evidence of Negligence and Insurance Coverage. The court held that the accident was caused by rash and negligent driving, not merely mechanical defect, and awarded Rs.6,00,000 with interest under the Motor Vehicles Act, 1988.

13 Sep 2019

The present appeal was filed by the original claimants, Shaikh Gani and Jahirabi, parents of deceased Javed Gani Shaikh, challenging the dismissal of ...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased Motorcyclist Found 50% Negligent for Collision with Tata Magic, Reducing Claimants' Award Proportionately Under Motor Vehicles Act, 1988.

24 Sep 2019

The present appeal was filed by M/s Shriram Insurance Company Ltd., the insurer of the Tata Magic vehicle, challenging the judgment and award dated 06...

High Court

High Court of Bombay Allows Appeal in Motor Accident Claim — Negligence of Driver Proved Despite Absence of Eye-Witness. Claimant entitled to compensation as rash and negligent driving established through documentary evidence and circumstances under Section 166 of Motor Vehicles Act, 1988.

15 Oct 2019

The appellant, Nitin Narayanrao Magar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the death of...

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