Search Results for "Victim Negligence Defence"

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Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Injury Claim — Tribunal's Award of Rs.15 Lakhs Enhanced to Rs.27 Lakhs for 70% Disabled Mechanical Engineer. Loss of Earning Capacity Reassessed with 50% Future Prospects and Multiplier of 14 Under Motor Vehicles Act, 1988.

The appellant, Pratap Dandapani Padhi, a 43-year-old Mechanical Engineer working as a Foreman at Sunflag Iron & Steel Company Limited with a monthly s...

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Bombay High Court Allows Appeal in Railway Accident Case — Deemed Death as Untoward Incident Under Railway Claims Tribunal Act, 1987. Mother of Deceased Entitled to Compensation as Bona Fide Passenger Despite Absence of Ticket.

The case involves an appeal filed by the mother of the deceased, Arju Bharat Shende, against the dismissal of her claim for compensation by the Railwa...

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High Court of Bombay Allows Appeal in Railway Accident Claim — Deemed 'Accidental Fall' Not Suicide Under Section 124A(a) of Railways Act, 1989. Court holds that mere statement of guard without corroboration is insufficient to prove suicide, and presumption of bonafide passenger stands.

The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur, which rejected the claim of the appellants (legal heirs of deceased Nanda Gi...

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High Court of Karnataka Acquits Accused in Fatal Bus Accident Case Due to Lack of Evidence of Rash and Negligent Driving. Conviction under Sections 279, 338, 304(A) IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The petitioner, Medappa, was the driver of a bus that met with an accident on 28 July 2000 at about 9:30 a.m., resulting in the death of eight passeng...

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Bombay High Court Upholds Conviction for Rash Driving Causing Death and Injuries in Hit-and-Run Case. Revision Petitioner's Conviction Under Sections 279, 337, 304A IPC and Section 134(a)(b) r/w 187 MV Act Confirmed as Evidence of Rashness and Negligence Was Clear.

The revision petitioner, Mr. Vimanjan Hanumanta Devarkonda, was the original accused in a criminal case arising from a road accident that occurred on ...

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Bombay High Court Acquits Accused in Rape Case Due to Unreliable Prosecution Evidence. Conviction under Section 376 IPC Set Aside as Testimony of Prosecutrix Found Inconsistent and Medical Evidence Not Supporting Rape.

The appellant, Soma Balkrushna Dadore, was convicted by the 4th Additional Sessions Judge, Nagpur, for offences under Section 376 IPC (rape) and Secti...

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Bombay High Court Dismisses MSRTC Appeal in Fatal Bus Accident Case — Compensation Award of Rs.2,52,000/- Upheld. Doctrine of Res Ipsa Loquitur Applied to Establish Negligence Under Motor Vehicles Act, 1939.

The appellant, Maharashtra State Road Transport Corporation (MSRTC), challenged the award of the Motor Accident Claims Tribunal, Satara, dated 31st De...