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Search Results for "driver 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

High Court of Gujarat Allows Appeal in Motor Accident Claim Case Due to Tribunal's Failure to Consider Evidence — Claimants Entitled to Compensation Under Section 163A of Motor Vehicles Act, 1988. The Court held that under Section 163A, the claimant need not prove negligence, and the Tribunal erred in dismissing the claim on the ground that the offending vehicle was not identified.

12 Jan 2026

The present appeal was filed by the original claimants, being the wife, major children, and parents of the deceased Shantilal Kalabhai Garasia, a Poli...

High Court

High Court of Karnataka Dismisses Insurance Company's Petition Challenging Tribunal's Refusal to Implead Additional Witnesses in Motor Accident Claim — No Jurisdictional Error Found in Tribunal's Discretionary Order. The Court held that the Tribunal's decision to reject impleadment of proposed respondents as unnecessary parties does not warrant interference under Article 227 of the Constitution of India.

22 Apr 2025

The judgment pertains to two writ petitions filed by the Manager of ICICI Lombard General Insurance Company Limited under Article 227 of the Constitut...

Supreme Court

Supreme Court Allows Appeals in Motor Accident Claim Case, Sets Aside Contributory Negligence Finding Against Passengers. The Court held that the principle of contributory negligence cannot be applied to passengers or their legal heirs when the driver of the car was not negligent in a manner that could be attributed to them.

20 Sep 2024

The case arises from a motor accident on 18th August 2013, where a car collided with a 14-wheeler trailer truck abandoned in the middle of a highway w...

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 Dismisses Insurer's Appeal in Motor Accident Claim — Negligence of Driver for Parking Without Indicators Established. The court upheld the Tribunal's award of compensation to the parents of the deceased, finding no perversity in the finding of negligence against the driver of the offending lorry.

11 Nov 2016

The appeal was filed by United India Insurance Company Limited challenging the judgment and award dated 30.04.2012 passed by the Motor Accident Claims...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal and Enhances Compensation in Motor Accident Claims — Negligence of KSRTC Driver Established, Insurer Liable to Pay Compensation with Right to Recover from Owner. The court held that the KSRTC driver was solely negligent for driving on the wrong side, and the insurer of the lorry was not liable; compensation was enhanced for both death and injury claims under the Motor Vehicles Act, 1988.

20 Jan 2016

The judgment arises from three appeals arising out of two motor accident claim petitions. The accident occurred on 20.08.2010 involving a KSRTC bus (K...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Breach of Policy Conditions, But Entitled to Recover from Owner. Claimants' Appeal for Enhancement of Compensation Partly Allowed — Multiplier of 13 Applied Based on Deceased's Age.

20 Jan 2016

The case involves three appeals arising from motor accident claims. The first appeal by the Insurance Company challenged the award in MVC No.89/2011, ...

High Court

High Court of Karnataka Dismisses Insurance Company Appeals in Workmen Compensation and Motor Accident Cases — Upholds Awards for Injured Driver and Deceased Victim's Dependents. Negligence and Employer-Employee Relationship Established; No Substantial Question of Law Raised Under Section 30(1) of Workmen's Compensation Act, 1923 and Section 173(1) of Motor Vehicles Act, 1988.

5 Jan 2015

The High Court of Karnataka at Dharwad disposed of a batch of miscellaneous first appeals filed by insurance companies against awards of compensation ...

High Court

High Court of Karnataka Dismisses Insurance Company Appeals in Motor Accident and Workmen Compensation Cases — Upholds Awards for Injured Driver and Legal Heirs of Deceased. The court held that insurers are liable to pay compensation under the Workmen's Compensation Act, 1923, and Motor Vehicles Act, 1988, when the vehicle is insured and the accident arises out of employment or negligence.

5 Jan 2015

The judgment involves multiple miscellaneous first appeals filed by insurance companies against awards of compensation in motor accident and workmen c...

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