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Showing posts with label
accident
.
Show all posts
Showing posts with label
accident
.
Show all posts
Saturday, 23 August 2025
Bombay HC: Accident' Includes Sudden Slipping, Involvement Of Another Vehicle Not Necessary For Claiming Compensation
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Admittedly at the time of accident, the bike was insured with the Insurance company and the insurance of pillion rider was covered in the sa...
Monday, 14 April 2025
Bombay HC: Whether motor accident claim tribunal can ascertain which vehicle was involved in the accident on the basis of police papers?
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The aforesaid pronouncements indicate that the legal position has crystallized to the effect that the Tribunal constituted under Section 165...
Sunday, 29 January 2023
Whether Insurance Company Liable If Ambulance Meets An Accident And Patient Being Shifted For Better Treatment Succumbs To His Ailment?
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There is no dispute that the deceased was suffering from jaundice and the cause of death as mentioned in the FSL report was on account of...
Sunday, 27 November 2022
Whether the police can register an offence against a child nine year old in respect of accident?
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Central Government Act Section 83 in The Indian Penal Code 83. Act of a child above seven and under twelve of immature understanding. —Not...
Monday, 1 July 2019
Whether insurer is bound to prove conclusively that intimation of cancellation of policy reached to insured prior to accident
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A period of one week from the date of dispatch can safely be adopted as the time necessary to serve the letter in the ordinary course af...
Sunday, 23 June 2019
Whether court should grant compensation if person authorized to drive vehicle dies due to accident?
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Further, this Court also finds that although the plea that the deceased would enter into the shoes of the owner of the vehicle in the circ...
Thursday, 23 May 2019
Whether Death By Mosquito Bite is Covered Under Death By Accident?
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The present appeal raises an interesting question of law. The Court is tasked with determining whether a death due to malaria occasioned ...
Sunday, 16 December 2018
Whether registered owner of vehicle can be held liable for accident even if vehicle is transferred by him?
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The principle underlying the provisions of Section 2(30) is that the victim of a motor accident or, in the case of a death, the legal ...
Sunday, 29 July 2018
Supreme Court: Basic principles for ascertaining compensation in case of permanent or temporary disability arising out of accident
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In assessing the compensation payable the settled principles need to be borne in mind. A victim who suffers a permanent or temporary disa...
Sunday, 25 December 2016
Whether minor driving motor cycle without licence is entitled to get compensation in case of accident?
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Heard the learned advocates appearing on behalf of the respective parties at length. At the outset, it is required to be noted that in...
Friday, 30 September 2016
Whether government can be held liable For Accidents in Public Roads Since Road Tax Is Levied By It?
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It is a fact that motor vehicles are dangerous in nature by its speed as well as by its working mechanism. Two wheelers cannot be con...
Sunday, 25 September 2016
Whether owner is entitled to claim damages for vehicle involved in accident before civil court?
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In all the aforesaid decisions, it is clearly stated that the owner is entitled to claim damages for the vehicle involved in the accide...
Wednesday, 24 August 2016
Whether negligence in accident case can be proved by production of Police charge-sheet?
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As regards the finding regarding negligence also, as rightly pointed out by the learned counsel for the claimants, the production of Po...
Sunday, 6 December 2015
Whether court can give finding in respect of happening of accident and for reaching conclusion about negligence on the basis of FIR or Police papers?
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It is thus clear that in proceedings under the MV Act, where procedure is a summary procedure, there is no need to go by strict rules of...
Wednesday, 28 October 2015
Caselaw in the case of an accident arising out of composite negligence
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The law in the case of an accident arising out of composite negligence has been considered by a 3 Judges’ bench of this Court in Khenyei ...
Tuesday, 23 June 2015
Whether ex gratia payment made to widow of person died in accident can be deducted from compensation payable to her?
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In view of above, this issue is no longer res integra. We hold that the amount which is payable to the applicant under ex-gratia payment c...
Sunday, 21 June 2015
Whether second wife of person who died in accident can claim compensation?
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Therefore, in the instant case, on facts it is established that the deceased was living with the second wife; and the second wife and...
Thursday, 21 May 2015
Guidelines for calculation of compensation in case of accident by multiple vehicles
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In the instant matter the main question which arose for consideration was, whether it is open to a claimant to recover entire compensa...
Tuesday, 19 May 2015
Whether liability to pay compensation in case of accident caused by negligence of joint tort feasors is joint and several?
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The Apex Court has observed that in a case of accident caused by negligence of joint tort feasors, all the persons who aid or counsel or ...
Sunday, 3 May 2015
Whether negligence in accident depends upon size of vehicle?
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Mr. Thakkar, the learned advocate as a last resort also tried to impress upon me that having regard to the size of the two vehicles, the T...
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