Know Thy Judge | Supreme Court of India: Justice Sandeep Mehta
Justice Sandeep Mehta, formerly the Chief Justice of Gauhati High Court, took oath of office as Judge of Supreme Court of India on 9-11-2023 and will be retiring on 10-01-2028.
contributory negligence
Motor Accident Claim | Vicarious application of contributory negligence of car driver to the passengers, to reduce compensation is illegal: SC
“The High Court recorded an incongruous finding that if the offending truck had not been parked on the highway, the accident would not have happened even if the car was being driven at a very high speed. Therefore, the reasoning of the High Court on the issue of contributory negligence is riddled with inherent contradictions and is paradoxical”
Mere attempt to overtake vehicle not Negligence; Supreme Court enhances MACT compensation from Rs.1,01,250 to Rs.11,25,000
Regarding appellant’s attempt to overtake a vehicle, the Court stated that he was doing an act which is an everyday occurrence on the road, but resultantly suffered extensive injuries himself. Furthermore, it was proved that the offending vehicle was being driven rashly and negligently.
Madras High Court directs MoHFW to issue circular to all hospitals to find out blood alcohol level in drunk driving cases
Madras High Court after noting that the State Government is taking steps to conduct surprise checks, remarked that this will not stop the problem, and emphasised that assessing the level of alcohol in the blood at least in cases where accidents takes place should be made mandatory, as this will help the motor accident claims to be decided in a proper manner while determining the issue of negligence to be attributed in an accident.
Bombay HC denies contributory negligence of car which dashed trailer with no parking or tail lights
Bombay High Court found driving a 70 feet long trailer without any brake light or tale lamps as a grievous negligence.
Know why Karnataka High Court held a pillion rider liable for contributory negligence towards her accident
The High Court also held that the claimant is entitled to only 80% of the total compensation amount determined and is also not entitled for compensation towards loss of future earnings due to disability.
Duty of the claimants to prove negligence under S.166 of the Motor Vehicles Act; Madras High Court set aside the award
Madras High Court: In an appeal filed against the ruling of the Motor Accident Claims Tribunal, granting compensation to the three deceased
In the case of reckless driving, injured party will have to always prove that either side was negligent? All HC explains
Allahabad High Court: The Division Bench of Dr Kaushal Jayendra Thaker and Ajai Tyagi, JJ., while addressing a case of negligent driving,
When a person suffers injury without any negligence on his part, but result of combined effect of negligence of two other persons: Is it a case of composite or contributory negligence? Bom HC answers
Bombay High Court: Expressing that, Negligence does not always mean absolute carelessness, but want of such a degree of care as required
Is dismissal from service per se an unfair labour practice for being disproportionate to the misconduct proved? Supreme Court answers
Supreme Court: While hearing the appeal filed by Maharashtra SRTC, the Division Bench comprising of M. R. Shah* and B. V. Nagarathna,
Are expert accountants tortiously liable for negligent professional advice? UK SC holds Grant Thornton liable for causing £26.7m loss to Manchester Building Society
Supreme Court of United Kingdom: The 7-Judges Bench comprising of Lord Reed, President Lord Hodge, Dy. President, Lady Black. Lord Kitchin, Lord
Madras HC | In motor accident claims, can tribunal deduct certain percentage from compensation because rider had a learner’s license? Court answers
Madras High Court: The Division Bench of Pushpa Sathyanaryana and S. Kannammal, JJ., revised the amount of compensation awarded to the claimant
All HC | What’s the purpose of keeping money in FD where claimant is unable to see colour of compensation?: HC directs Tribunal to disburse entire claim amount to claimant’s account
Allahabad High Court: The Division Bench of Dr Kaushal Jayendra Thaker and Ajit Singh, JJ., allowed the appeal of the claimants in
NCDRC | Newborn child in the care of hospital staff and her grandmother suffered from thermal burns. Will this amount to Contributory Negligence? Is the hospital vicariously liable? Read on
National Consumer Disputes Redressal Commission (NCDRC): The Division Bench of Anup K Thakur (Presiding Member) and Dr S.M. Kantikar (Member) while addressing
Singapore HC | While deciding Contributory Negligence, Court discusses two significant factors: Causative Potency and Blameworthiness || Detailed Report discussing importance of ‘Right of Way’
High Court of Republic of Singapore, General Division: Aedit Abdullah, J., while addressing the matter on contributory negligence, observed that: Having the
All HC | Whether res judicata will apply where issue of negligence already decided by competent Tribunal in claim arising out of same accident? Court examines
Allahabad High Court: Dr Kaushal Jayendra Thaker, J., while addressing the matter observed that: “…where there are multiple claims, MACT should place all
[MV Accident Claims] All HC | What is liability of insurer in accident case of contributory as well as composite negligence; on whom lies burden of proof? Court extrapolates
Allahabad High Court: Dr Kaushal Jayendra Thaker, J., directed the insurance company to indemnify the claimants of the deceased who died in an
Bom HC | HC cannot exercise jurisdiction equivalent to SC under Artice 142 to enhance compensation in MV claims
Bombay High Court: The Bench of Sunil K. Kotwal, J. dismissed an appeal while modifying the award passed by the Motor Accident
Not applying brake to avoid vehicle getting skid into traffic is not contributory negligence
High Court of South Africa, Eastern Cape Division: Plaintiff had approached this court before a Single Judge Bench of E. Revelas, J.,
Failure to wear a seatbelt constitutes contributory negligence
High Court of Australia: In the instant case, the respondent sustained serious spinal injuries which rendered her paraplegic, when she was thrown