Search Results for "composite negligence"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...
Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Ac...
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Search Results for "composite negligence"

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High Court

Madras High Court Partially Allows Insurance Company's Appeal and Dismisses Claimants' Cross-Objection in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. The court upheld the Tribunal's finding of 50% contributory negligence but reduced the notional income and set aside future prospects, resulting in a reduced award of Rs. 13,76,000/-.

5 Feb 2026

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, a 55-year-old vegetable vendor, who died in a...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Finding on Negligence. Tribunal's Dismissal Set Aside as Composite Negligence Established and Claimants Entitled to Compensation Under Motor Vehicles Act, 1988.

21 Feb 2018

The case arises from a motor accident claim petition filed by the appellants (husband, son, and mother-in-law of the deceased) before the Motor Accide...

High Court

High Court of Bombay Enhances Compensation in Motor Accident Claim — Deceased was 30-year-old earning Rs.6,000 per month; Tribunal's assessment of income and multiplier modified.

5 Oct 2018

The appellants, original claimants in Motor Accident Claim Petition No.26 of 2011, filed an appeal against the judgment and award dated 23.10.2012 pas...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Contributory Negligence Finding and Inadequate Compensation. The Court held that a passenger cannot be held guilty of contributory negligence merely because the bus driver was negligent, and applied correct multiplier and deductions as per settled law.

11 Sep 2019

The appeal arises from a judgment and award dated 25.3.1997 passed by the Motor Accidents Claims Tribunal, Satara in MACP No.414 of 1992. The appellan...

High Court

Land: Basilica of Our Lady of the Mount Challenges SRA's Acquisition Attempt. Protecting Property Rights and Redevelopment Plans in Mumbai's Slum Rehabilitation Dispute

11 Jun 2024

Maharashtra Slum Rehabilitation Authority (SRA) Act, where the petitioner, Basilica of Our Lady of the Mount, Mumbai, contests SRA's attempt to acquir...

High Court

Bombay High Court Dismisses Insurer's Appeal in Composite Negligence Case — Insurer Liable for Entire Compensation with Right to Recover from Other Tortfeasor. Claimants can recover full amount from one joint tortfeasor under Section 166 of Motor Vehicles Act, 1988; insurer cannot compel joinder of other vehicle owner.

29 Jan 2014

The appeal arises from a judgment and award dated 01.04.2013 passed by the Motor Accident Claims Tribunal, Achalpur in Claim Petition No. 62 of 2010. ...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Liability of Insurer Limited to Rs. 50,000 for Gratuitous Passenger in Luxury Bus. The court held that the insurer's liability for a gratuitous passenger in a luxury bus is limited to Rs. 50,000 under Section 95(2)(b)(ii) of the Motor Vehicles Act, 1939, as the policy did not cover such passengers.

30 Nov -0001

The case involves a motor accident claim arising from the death of a passenger traveling in a luxury bus. The claimant, Khudbuddin Inamdar, filed a cl...

High Court

High Court of Bombay Allows Appeal in Motor Accident Claim — Pillion Rider Cannot Be Held Guilty of Contributory Negligence. The court held that a pillion rider has no control over the vehicle and cannot be attributed negligence unless there is specific evidence of active intervention.

7 Jan 2019

The appellant, a pillion rider on a motorcycle, was injured in an accident involving a tractor. He filed a claim petition before the Motor Accident Cl...

High Court

Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's failure to prove income and contributory negligence of both drivers led to reduction of award from Rs. 3,00,000 to Rs. 1,50,000.

6 Dec 2019

The case involves an appeal by The Oriental Insurance Company Ltd. against the judgment and award dated 31.10.2017 passed by the Motor Accident Claims...

Supreme Court

Supreme Court Allows Claimant's Appeal in Motor Accident Case, Rejects Contributory Negligence and Enhances Compensation. Court found trailer driver solely negligent based on FIR and charge sheet, applying preponderance of probabilities standard under Section 166 of Motor Vehicles Act, 1988, and held learner's licence violation does not establish negligence.

25 Mar 2025

The dispute arose from a motor accident on 03.11.1999 involving a Block Development Officer (claimant) riding pillion on a scooter that collided with ...

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