Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Plea of contributory negligence - No such plea of contributory negligence was raised by driver or registered owner of vehicle in their reply to petition - As appellant and driver of vehicle denied accident having taken place with offending vehicle, it is not open for them to raise a plea of contributory negligence..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Plea of contributory negligence - Mere fact that tractor attached with trolley directly hit motorcycle of deceased is not at all sufficient to contribute negligence to driver of motorcycle on which deceased was a pillion rider - Plea of contributory negligence held, rejected...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Compensation - Gas tanker/offending vehicle was parked in middle of the road without any indicator or parking lights - Driver of car could not spot parked Gas tanker due to flash lights of oncoming traffic from front side and struck against the back of tanker, resulting in death of two persons on..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 34% permanent physical disability of spine - Contributory negligence - Deduction of 40% amount - Once the finding that there was contributory negligence on the part of appellant is held to be without any basis, mere fact that appellant had not produced the driving license, would be of no relevance - Deduction of 40% made..........
Motor Vehicles Act, 1988, Section 168, 173 -- Accidental death - Contributory negligence - Merely because vehicle coming from front side has collided with vehicle insured by insurance company does not mean that it is a case of contributory negligence...........
Motor Vehicles Act, 1988, Section 166 -- Enhancement of compensation - Contributory Negligence - Death case - Petitioners contending that no evidence on record to establish contributory negligence - Held, it is an undisputed fact that the deceased was coming from an approach road and entering the main road so duty is cast upon the person who is entering the main road to..........
Motor Vehicles Act, 1988, Section 166 -- Contributory negligence - Accident has taken palace where there is market on side of road - One side of road was closed for traffic, as has been admitted even by driver of offending bus - Therefore, driver of bus was required to exercise extra care while driving bus at such place which was so narrow and where traffic of both sides..........
Motor Vehicles Act, 1988, Section 166 -- Contributory negligence - Driver of offending bus while appearing as witness before Court has made bald statement that claimant was also negligent while crossing road, however, there is no such averment in written statement - Fact also shows his attempt to avoid liability on account of his negligence resulting into accident - When..........
Motor Vehicles Act, 1988, Section 166 -- Contributory negligence - Tribunal has wrongly assumed that since total distance to be covered between two points near place of accident was about 60-80 feet only, therefore, bus could not have been at high speed - Witnesses examined by claimant had proved that bus was in fact, at high speed - Even driver of bus had admitted that he..........
Arbitration Act, 1940, Section 30 -- Arbitral award - Work contract - Claim for idling charges for machinery and labour - Contributory delay - Once aspect of contributory delay was present, it has to be taken in consideration in assessment of damages - Arbitrator awarded the claim of idling charges after taking into account the delay on the part of both the parties - Award..........
