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Category: Negligence

Negligence

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

February 23, 2020 phlaw
Negligence

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

February 23, 2020 phlaw
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

February 21, 2020 phlaw
Negligence

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

November 27, 2019 phlaw
Negligence

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

June 24, 2019 phlaw
Negligence

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

May 29, 2019 phlaw
Negligence

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

February 28, 2019 phlaw
Negligence

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

July 21, 2018 phlaw
Negligence

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.

July 16, 2018 phlaw
Negligence

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   

June 18, 2018 phlaw

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