Search Results for "Reasonable care"

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Supreme Court Upholds NCDRC Order Exonerating Hospital and Doctor in Medical Negligence Case — No Negligence Found in Treatment and Discharge of Cancer Patient. Bolam Test Applied: Doctor Not Negligent If Acting in Accordance with Practice Accepted by a Reasonable Body of Medical Men.

The appellant, Vinod Jain, filed a consumer complaint alleging medical negligence against Santokba Durlabhji Memorial Hospital and Dr. R.K. Bhandari a...

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Supreme Court Dismisses Appeal in Medical Negligence Case — No Negligence Found in Treatment and Discharge of Cancer Patient. Doctor's Decision to Administer Oral Antibiotic and Discharge Patient Held to Be Within Accepted Medical Practice Under Bolam Test.

The appellant, Vinod Jain, filed a consumer complaint alleging medical negligence against Santokba Durlabhji Memorial Hospital and Dr. R.K. Jat after ...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Finding of Negligence and Inadequate Compensation. Deceased pedestrian hit by auto rickshaw; court held that the driver was negligent and enhanced compensation under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of Arjun Bhalekar, who died in a vehicular accident on 29.9.2010. The deceased wa...

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Supreme Court Upholds Hotel Liability for Theft of Guest's Car from Valet Parking Under Bailment and Infra Hospitium Principles. Insurer as Subrogee Can File Consumer Complaint Jointly with Assured.

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission dismissing the hotel's appeal against an order of the State Co...

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Madras High Court Enhances Compensation for Injured Claimants in Motor Accident Case, Upholds Negligence Finding Against Insurer. Compensation for father and son enhanced based on medical expenses, loss of earning capacity, and future medical expenses under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on June 30, 2018, at about 21:30 hours, when a father and son duo were riding their TVS XL Motorcy...

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Supreme Court Upholds Hotel Liability for Theft of Guest's Car from Valet Parking Under Bailment and Infra Hospitium Principles. Insurer as Subrogee Can Maintain Consumer Complaint as Co-Complainant.

The appeal arose from a consumer complaint filed by the insurer (United India Insurance Company Ltd.) and the car owner (Respondent No. 2) against the...

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High Court of Bombay Partially Allows Appeal by Pune Municipal Corporation in Motor Accident Claim, Reduces Compensation Due to Contributory Negligence of Deceased. The Court held that the deceased was 50% contributory negligent for the accident, modifying the Tribunal's 25% deduction.

The Pune Municipal Corporation appealed against the judgment and award of the Motor Accidents Claim Tribunal, Pune, in Claim Petition No.581 of 2014, ...

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Supreme Court Upholds NCDRC Finding of Deficiency of Service in Hotel Swimming Pool Death — Duty of Care Owed by Hotel Management to Guests Using Pool Facilities. Assigning Lifeguard Additional Bartending Duties Constitutes Breach of Duty Under Consumer Protection Act, 1986.

The appeals arose from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dated 28 April 2015, which held the Kerala Tourism De...

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Supreme Court Dismisses Surgeon’s Appeal and Upholds Award of Damages for Medical Negligence in Fracture Treatment. Concurrent Findings of Excessive Force and Lack of Anaesthetic in Reduction of Femur Fracture Constitute Gross Negligence Causing Patient’s Death.

The matter arose from a suit for damages filed by the first respondent, the father of a young patient, against the appellant, a surgeon, alleging medi...