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Gujarat High Court Allows Appeal in Motor Accident Claim, Holds Truck Driver Negligent in Head-On Collision. Court sets aside Tribunal's finding of sole negligence on jeep driver and remands for fresh assessment of compensation.

The appellant, Nagjibhai Dhanabhai Rabari, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award ...

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Gujarat High Court Allows Appeal in Motor Accident Claim, Holds Contributory Negligence Not Applicable to Third-Party Claimant. Court sets aside Tribunal's finding of sole negligence on jeep driver and remands for fresh assessment of compensation under Motor Vehicles Act, 1988.

The appellant, Nagjibhai Dhanabhai Rabari, the original claimant, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Truck Driver Held Solely Negligent in Head-On Collision with S.T. Bus. Contributory Negligence Not Established as Bus Had Crossed Bridge and Truck Fell Off, Based on Spot Panchnama and Evidence.

The case arises from a motor accident claim petition (No. 84 of 1995) where the claimant, Ravikant Padmakar Tarekar, was the driver of an S.T. Bus (re...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Truck Driver Held Solely Negligent in Head-On Collision with S.T. Bus. Contributory Negligence Not Established as Bus Had Crossed Bridge and Truck Fell Off, Based on Spot Panchnama and Evidence.

The case arises from a motor accident claim petition (No. 84 of 1995) filed by Ravikant Padmakar Tarekar, the driver of a State Transport bus, who sus...

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Bombay High Court Upholds Acquittal of Accused in Rash Driving Case Due to Lack of Evidence on Overtaking — State Fails to Prove Negligence in Head-On Collision Between Two Mini Buses Under Sections 279, 337 IPC.

The State of Goa appealed against the acquittal of the accused, Mohandas S. Gawade, who was charged under Sections 279 (rash driving) and 337 (causing...

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Madras High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased motorcyclist found 50% contributory negligent for head-on collision with another two-wheeler; Tribunal's award modified under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the dependents of the deceased Kannan, who died in a collision between two two-wheelers ...

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Gujarat High Court Partly Allows Appeal in Motor Accident Claim — Enhances Compensation Under Conventional Heads. 10% Contributory Negligence Upheld in Head-on Collision Under Motor Vehicles Act, 1988 Section 173.

The case arises from a motor accident claim petition filed by the legal heirs of deceased Nirmalkumar Lavkumar Thakar, who died in a collision between...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Truck Driver Held Solely Negligent Despite Head-On Collision. Interest on Future Prospects Granted Following Supreme Court Precedent.

The appellant, IFFCO-TOKIO General Insurance Co. Ltd., challenged the judgment and order dated 11.12.2012 of the Motor Accident Claims Tribunal, Osman...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — No Contributory Negligence by Deceased Driver. Insurer Failed to Prove Negligence of Deceased in Head-On Collision with Tempo; MACT Award of Rs. 71,36,917 Upheld.

The case arises from a motor accident claim filed by the respondents (claimants) being the legal heirs of Sudam Auti, who died in a head-on collision ...