Search Results for "Apportionment of Negligence"

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Gujarat High Court Partly Allows Appeal by AMTS Reducing Compensation in Motor Accident Case Due to Claimant's Contributory Negligence. The court upheld the 80:20 apportionment of negligence but reduced the compensation from Rs. 5,74,480 to Rs. 4,59,584 with 8% interest.

The case arises from a motor accident that occurred on 08.05.2006 when the claimant, Babarbhai Jethabhai Vankar, a professor aged 38, was riding an Ac...

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High Court of Gujarat Enhances Compensation in Motor Accident Claims for Death and Injury Due to Negligence of Truck Driver. Apportionment of Contributory Negligence Set Aside as Tribunal Erred in Holding Claimants' Vehicle at Fault Without Evidence.

The case arises from a motor accident that occurred on 26.12.2015 when the deceased Govindbhai and injured Kantibhai, along with others, were travelin...

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Gujarat High Court Allows Appeal in Motor Accident Claim — Tribunal Erred in Dismissing Claim Without Considering Contributory Negligence. Stationary Vehicle Parked on Public Road Attracts Liability; Case Remanded for Fresh Assessment of Negligence Apportionment.

The case arises from a motor accident claim filed by the appellants (claimants) being the widow and another legal heir of deceased Maheshbhai Parmar. ...

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Gujarat High Court Reduces Contributory Negligence from 30% to 10% in Motor Accident Claim — Enhances Compensation for Partial Permanent Disability. Held that mere presence of motorcycle on the wrong side does not automatically fix contributory negligence without evidence of proximate cause.

The appellant, Vijaybhai Vikrambhai Sadmiya, was the original claimant in a motor accident claim petition arising from an accident on 23.08.2016. Whil...

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Gujarat High Court Allows Appeal in Part, Reduces Contributory Negligence and Enhances Compensation in Motor Accident Claim. Deceased motorcyclist held only 10% negligent as car driver was primarily at fault; income tax returns considered for computing income leading to enhanced compensation.

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the appellants, who are the original claimants and legal heirs...

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High Court of Karnataka Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased Motorcyclist. Deceased rider of motorcycle held 50% contributory negligent for accident with petrol tanker, reducing claimants' compensation proportionately.

The appeal was filed by the second respondent (owner of the lorry) in MVC No.2701/2010 before the Motor Accident Claims Tribunal, Bengaluru, challengi...

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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.

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...