Insurance claim -- File closed as 'no claim' on the ground that the registration number of the vehicle not furnished - The vehicle was covered by insurance during the accidental fire not in dispute - The car was totally burnt is not in dispute - Further the car's engine number and chassis number were mentioned in the insurance policy correctly - It is one of the basic..........
Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Contributory negligence - Accident between TATA 407 and bus of Haryana Roadways, resulting in death of driver of TATA 407 - Owner and insurer of TATA 407 not arrayed as party in claim petition - Held, no liability can be fastened on Insurance Co. in respect of driver of TATA 407 - Case remitted back...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Fracture of right hand while travelling as passenger in a bus - Appellant aged 29 years and working as a fitter - Award of Rs.2, 50, 500 as compensation - High Court holding appellant guilty of contributory negligence to the extent of 50% and awarding Rs.50, 000/- towards permanent disability - Held, High..........
Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Deceased, who was standing inside bus, fell down from front window which got opened due to jerk caused to bus because of rash and negligent driving by driver of bus - Held, there was no contributory negligence on part of deceased - It was negligence of driver of bus alone...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Contributory negligence - Vehicle ramming into vehicle parked on the road without lighted indicators or reflectors in the rear or on the side - Parking of vehicle on main road or on road where there is heavy traffic is expressly prohibited - Contributory negligence of the driver of parked vehicle fixed at..........
Medical negligence -- Compensation - Dental treatment - Surgeon made medical negligence by not disclosing the jaw injury sustained by the complainant at the time of extraction of the wisdom tooth - That injury not a result of any contributory negligence or omission in the post extraction care on the part of the complainant - Complainant had to suffer and had to take..........
Motor Vehicles Act, 1988, Section 166 -- Contributory negligence - Two vehicles involved in an accident - Injured claimant was negligent - If injured claimant is partly liable principle of composite negligence will not apply - No inference can be drawn that negligence was 50 : 50 - When injured is guilty of some negligence, his claim for damages is not defeated merely by..........
Motor vehicle accident -- Compensation - Contributory negligence - The evidence showed that the appellant was not diligent, as he neither slowed down the bus nor swerved to his left, on seeing the on coming bus - Held that appellant was also partly responsible for the accident - Responsibility fixed at 25% on the appellant and 75% on the first respondent...........
Words and phrases -- Composite negligence - Contributory negligence - Meaning and distinction explained...........
Medical negligence -- Compensation - MRI scan - In spite of her having told OP's staff that patient had taken breakfast before she was taken for MRI - The OP still started conducting MRI, may be for monetary reasons - Death occurred due to asphyxia because of certain food particles having been choked in the windpipe - As contributory negligence of the complainant is there..........
