Gujarat High Court|Thursday, 5 February 2026
Gujarat HC Upholds Compensation in ICICI Lombard vs Vallabhbhai Bhalani with Contributory Negligence
Bench
Hon'ble Mr. Justice H. D. Suthar
HONOURABLE HASMUKH D. SUTHAR
Gujarat HC Upholds Compensation in ICICI Lombard vs Vallabhbhai Bhalani with Contributory Negligence (2026) held that The court reaffirmed the principle that negligence in motor vehicle accidents is assessed based on the preponderance of probabilities.
This case involves an appeal by ICICI Lombard General Insurance Co Ltd against a judgment from the Motor Accident Claims Tribunal, which awarded compensation to the claimants following a fatal car accident. The accident occurred on September 1, 2013, when the deceased's car was struck by a Bolero vehicle driven recklessly. The court upheld the Tribunal's finding of contributory negligence on the part of the deceased, ultimately affirming the compensation awarded but adjusting the negligence percentage attributed to the deceased.
The court reaffirmed the principle that negligence in motor vehicle accidents is assessed based on the preponderance of probabilities.
It was established that both drivers contributed to the accident, necessitating a finding of contributory negligence.
The court upheld the Tribunal's decision to award compensation but adjusted the percentage of negligence attributed to the deceased.
Accident occurred
Tribunal awarded compensation
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First appeal filed by Insurance Company
Final judgment delivered
