Madras High Court rules that burden of proving contributory negligence lies with the insurer, setting aside 50% reduction in compensation for lack of evidence.
Punjab and Haryana High Court rules that income assessment in motor accident claims must be based on last drawn salary, excluding mechanical deductions from prior employment. Key takeaways for insurance litigation.
Madras High Court holds that contributory negligence cannot be inferred merely because a vehicle hits another from behind; burden lies on insurer to prove it.
Madhya Pradesh High Court holds that in car-motorcycle collisions, contributory negligence of the two-wheeler rider should not exceed 25%, reinforcing equitable liability allocation under the Motor Vehicles Act.
Tripura High Court holds that mere presence of pillion riders on a motorcycle does not establish contributory negligence in accident claims; compensation restored in full.
Madras High Court holds employer vicariously liable for driver's negligence when internal disciplinary action confirms fault, reinforcing principles of tort and compensation law.