Motor Vehicles Act, 1988, Section 166 -- Contributory negligence - Child of 3-1/2 years run over by a van and died - Child of such a tender age can hardly be blamed for such an accident, even partly - It was the duty of the driver to take care of the child and ensure that such an accident does not happen - In such a case principle of strict liability applies...........
Motor Vehicles Act, 1939, Section 110A -- Contributory negligence - Crucial question, in a case of contributory negligence, is whether either party could, by exercise of reasonable care, have avoided the consequences of other's negligence - Whichever party could have avoided the consequence of other's negligence would be liable for the accident...........
Motor Vehicles Act, 1939, Section 110A -- Contributory negligence - Apportionment of loss i.e. damage is reduced to such an extent as the Court thinks just and equitable having regard to the claim shared in the responsibility for the damage - However when there is no contributory negligence on the part of the victim the question of apportionment does not arise...........
Motor Vehicles Act, 1939, Section 110A -- Contributory negligence - Deceased, 18 years boy, riding a bicycle collided with vehicle of appellant - Application of brakes and incident of collision between cycle and bus seemed almost simultaneous - Held, award is liable to be deducted by 25% towards contributory negligence...........
Insurance policy -- Group Savings Linked Insurance Scheme - Deficiency in service alleged by Complainant-Corporation against LIC as its employees had to pay both the Contributory Provident Fund as well as the installments under the policy issued by LIC - LIC failed to obtain an order of exemption from Employees Deposit Limited Insurance Scheme, 1976 from the Regional..........
Motor Vehicles Act, 1988, Section 173 -- Insured filing no appeal against award - It is not permissible for an insurer to file an appeal questioning the quantum of compensation as well as findings as regards negligence or contributory negligence of the offending vehicle...........
Motor Vehicles Act, 1988 -- Contributory negligence - Means that there is some act or omission on the claimant's part, which has materially contributed to the damage caused, and is of such a nature that it may properly be described as `negligence' - `Negligence' when used in the expression `contributory negligence' means the failure by a person to use reasonable care for..........
Motor Vehicles Act, 1988 -- Accident claim - Contributory negligence - Appellant driving Fiat car - Truck came from opposite side at excessive speed - Car hit the right side of that truck and collided with rear right side wheels of the truck - Total width of road 22 feet and there were mud shoulders on either side having a width of three feet - Offending truck had come to..........
Motor Vehicles Act, 1988 -- Accident claim - Appellant under treatment for 5 months - Appellant was doing business of commission agent - There was no contributory negligence when appellant did not slow down his vehicle when he saw the truck coming at a high speed from the opposite direction and he did not swerved his vehicle to extreme left when there was three feet mud..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - General Provident Scheme - Respondent complainant a retired Professor of appellant University and was entitled to amount under General Provident Fund Scheme without payment of any charge or consideration and not under contributory Fund Scheme - Held that the provisions of the Consumer Protection will not be..........
