February 2020

Accident—Rash and Negligent Driving—Simply by giving overdue importance to the photographs, the Tribunal should not jump to a particular conclusion

By | February 23rd, 2020|Negligence|

Read More
Comments Off on Accident—Rash and Negligent Driving—Simply by giving overdue importance to the photographs, the Tribunal should not jump to a particular conclusion

Accident—Negligence—Truck standing on the road suddenly came on to road and deceased coming from behind on motorcycle collided with it—It cannot be taken to be a case of contributory negligence

By | February 23rd, 2020|Negligence|

Read More
Comments Off on Accident—Negligence—Truck standing on the road suddenly came on to road and deceased coming from behind on motorcycle collided with it—It cannot be taken to be a case of contributory negligence

Accident—Negligence—Contributory Negligence cannot be attributed on ground of assumptions, presumptions, and conjectures by observing that some contributory negligence may also be involved Accident—Income of deceased—Testimony of partner of firm where deceased was working, not to be discarded merely because the said firm had lasted only for one year

By | February 21st, 2020|Negligence|

Read More
Comments Off on Accident—Negligence—Contributory Negligence cannot be attributed on ground of assumptions, presumptions, and conjectures by observing that some contributory negligence may also be involved Accident—Income of deceased—Testimony of partner of firm where deceased was working, not to be discarded merely because the said firm had lasted only for one year

November 2019

Accident—Negligence—Mere fact of triple riding would not make any difference and the same cannot be taken as a ground to presume contributory negligence

By | November 27th, 2019|Negligence|

Read More
Comments Off on Accident—Negligence—Mere fact of triple riding would not make any difference and the same cannot be taken as a ground to presume contributory negligence

June 2019

Accident—Contributory Negligence—Compensation awarded to the claimants cannot be deducted on account of contributory negligence

By | June 24th, 2019|Negligence|

Read More
Comments Off on Accident—Contributory Negligence—Compensation awarded to the claimants cannot be deducted on account of contributory negligence

May 2019

Accident~Contributory Negligence-Accident took place at’T’ point while the jeep was on main road—Claimant took his jeep on kutcha road and truck struck against jeep by coming on the kutcha road-Claimant had an obligation to ensure that no vehicle is coming on the main road while he was entering the main road-Claimant/driver of jeep also held negligent

By | May 29th, 2019|Negligence|

Read More
Comments Off on Accident~Contributory Negligence-Accident took place at’T’ point while the jeep was on main road—Claimant took his jeep on kutcha road and truck struck against jeep by coming on the kutcha road-Claimant had an obligation to ensure that no vehicle is coming on the main road while he was entering the main road-Claimant/driver of jeep also held negligent

February 2019

Accident—Negligence—Merely because on a two-wheeler three persons were travelling, inference cannot be drawn that against the driver of the two-wheeler that he was also contributory negligent in absence of evidence in that regard

By | February 28th, 2019|Negligence|

Read More
Comments Off on Accident—Negligence—Merely because on a two-wheeler three persons were travelling, inference cannot be drawn that against the driver of the two-wheeler that he was also contributory negligent in absence of evidence in that regard

July 2018

Accident—Appeal—Conclusion by Tribunal was a possible view, which could not have been disturbed by the High Court in the appeal in a casual manner

By | July 21st, 2018|Negligence|

Read More
Comments Off on Accident—Appeal—Conclusion by Tribunal was a possible view, which could not have been disturbed by the High Court in the appeal in a casual manner

Motor Vehicles Act, 1988, S.166–Accident–Negligence–Once, it is held that there was no negligence on the part of driver of the offending vehicle, no relief can be granted to the claimants, even if it is held that the death was on account of the injuries sustained in the accident.

By | July 16th, 2018|Negligence|

Read More
Comments Off on Motor Vehicles Act, 1988, S.166–Accident–Negligence–Once, it is held that there was no negligence on the part of driver of the offending vehicle, no relief can be granted to the claimants, even if it is held that the death was on account of the injuries sustained in the accident.

June 2018

Motor Vehicles Act, 1988, S.166–Accident–Negligence–the fact that the bus had turned turtle, goes to show that It was being driven at a high speed—There is no infirmity in the finding that both the drivers were at fault and It is of contributory negligence—Liability apportioned as 50:50   

By | June 18th, 2018|Negligence|

Read More
Comments Off on Motor Vehicles Act, 1988, S.166–Accident–Negligence–the fact that the bus had turned turtle, goes to show that It was being driven at a high speed—There is no infirmity in the finding that both the drivers were at fault and It is of contributory negligence—Liability apportioned as 50:50   

Accident—Negligence—Though the mere registration of an FIR may not be the sole basis for returning a finding of negligence but it can be considered as material fact to form a prima facie view.

By | June 5th, 2018|Negligence|

Read More
Comments Off on Accident—Negligence—Though the mere registration of an FIR may not be the sole basis for returning a finding of negligence but it can be considered as material fact to form a prima facie view.

April 2018

Driver of vehicle in which passenger was traveling had not exercised caution of giving strict instructions to passengers to keep their arms inside so that no untoward incident takes place-Only driver of vehicle held to be liable to its owner- -Held; it was a case of composite negligence and claim could not have been dismissed-Appeal allowed.

By | April 25th, 2018|Negligence|

Read More
Comments Off on Driver of vehicle in which passenger was traveling had not exercised caution of giving strict instructions to passengers to keep their arms inside so that no untoward incident takes place-Only driver of vehicle held to be liable to its owner- -Held; it was a case of composite negligence and claim could not have been dismissed-Appeal allowed.

February 2018

Mere registration of the FIR and filing of the challan by the police in the criminal case does not establish the negligence of the any of the driver and the same cannot be said to be conclusive- -Tribunal is required to act upon the evidence adduced before it

By | February 25th, 2018|Negligence|

Read More
Comments Off on Mere registration of the FIR and filing of the challan by the police in the criminal case does not establish the negligence of the any of the driver and the same cannot be said to be conclusive- -Tribunal is required to act upon the evidence adduced before it

Vehicle dashed into stationary vehicle-Offending truck was parked in the first lane on GT Road without using any indicator or reflector—Driver of vehicle tried his best to avoid the accident, but dashed into the offending vehicle from back vide-Not a case of composite negligence—Only offending vehicle liable

By | February 25th, 2018|Negligence|

Read More
Comments Off on Vehicle dashed into stationary vehicle-Offending truck was parked in the first lane on GT Road without using any indicator or reflector—Driver of vehicle tried his best to avoid the accident, but dashed into the offending vehicle from back vide-Not a case of composite negligence—Only offending vehicle liable

Tribunal has committed grave error while concluding that “the trolley was not a small thing which was not visible from a quite sufficient distance”, as such, negligence was of the driver of Maruti Van who hit stationary trolley–The finding of Tribunal to this effect is perverse and is set aside–The accident was caused due to negligent act of driver of the offending vehicle

By | February 11th, 2018|Negligence|

Read More
Comments Off on Tribunal has committed grave error while concluding that “the trolley was not a small thing which was not visible from a quite sufficient distance”, as such, negligence was of the driver of Maruti Van who hit stationary trolley–The finding of Tribunal to this effect is perverse and is set aside–The accident was caused due to negligent act of driver of the offending vehicle

January 2018

Accident—Tort Feasors— Where a tort feasor himself was claimant then his share as tort feasors has to be deducted from total compensation payable; otherwise it would amount to undue enrichment for him.

By | January 31st, 2018|Negligence|

Read More
Comments Off on Accident—Tort Feasors— Where a tort feasor himself was claimant then his share as tort feasors has to be deducted from total compensation payable; otherwise it would amount to undue enrichment for him.

Accident—Negligence—Motorcycle on which the deceased was riding had four persons sitting on it—This in itself cannot give rise to an inflexible presumption that it must be a contributory cause for every accident.

By | January 30th, 2018|Negligence|

Read More
Comments Off on Accident—Negligence—Motorcycle on which the deceased was riding had four persons sitting on it—This in itself cannot give rise to an inflexible presumption that it must be a contributory cause for every accident.

November 2017

Accident—Negligence always does not mean absolute carelessness but want of such a degree of care as is required in particular circumstances.

By | November 9th, 2017|Negligence|

Read More
Comments Off on Accident—Negligence always does not mean absolute carelessness but want of such a degree of care as is required in particular circumstances.

October 2017

Motor Vehicles Act, 1988, S.166–Accident–Negligence–Sitting capacity of vehicle- -The deceased was driving with three children on the pillion who were in the age group of 12—The motorcycle is designed to ride two persons but that by itself would not be a ground to hold the driver guilty of contributory negligence.

By | October 7th, 2017|Negligence|

Read More
Comments Off on Motor Vehicles Act, 1988, S.166–Accident–Negligence–Sitting capacity of vehicle- -The deceased was driving with three children on the pillion who were in the age group of 12—The motorcycle is designed to ride two persons but that by itself would not be a ground to hold the driver guilty of contributory negligence.

May 2017

Motor Vehicles Act, 1988, S.166–Accident–Negligence–Van dashed into stationary truck-The accident had taken place at 6:30 a.m. in the month of August and there was enough light-From record it appears that the driver of van was driving at a high speed and could not stop the vehicle in time

By | May 13th, 2017|Negligence|

Read More
Comments Off on Motor Vehicles Act, 1988, S.166–Accident–Negligence–Van dashed into stationary truck-The accident had taken place at 6:30 a.m. in the month of August and there was enough light-From record it appears that the driver of van was driving at a high speed and could not stop the vehicle in time
Copyright 2020 ABOUT PH LAW | All Rights Reserved |