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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Upholds Compensation for Injured Minor Pedestrian. The court held that the insurer failed to prove breach of policy conditions or contributory negligence, affirming the Tribunal's award under the Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 30th December 2009 at about 7:10 a.m. on Dr. B.A. Road, Mumbai. The claimant, Mast. Siddanth Sa...

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High Court of Gujarat Allows Appeal in Motor Accident Claim Case Due to Erroneous Contributory Negligence Finding. Deceased Driver's Risk Statutorily Covered Under Section 147 of Motor Vehicles Act, 1988.

The appeal arises from a motor accident claim where the deceased, Wasim Maheboobbhai Bhayani, was driving a luxury bus (GJ-03-W-9841) on 04.12.2017 wh...

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Bombay High Court Dismisses Appeal by Transport Undertaking in Motor Accident Claim for Deceased Minor Student — Negligence of Bus Conductor and Driver Established. Tribunal's Award of Rs.22,79,100/- with 8% Interest Upheld as Appellant Failed to Prove Contributory Negligence.

The case arises from a motor accident claim filed by the parents (respondents) of a 15-year-old boy, Master Dhruv Rajendra Thakkar, who died due to in...

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Bombay High Court Quashes FIR Against Doctors in Medical Negligence Case Due to Lack of Criminal Intent. Section 304 IPC Not Attracted as Allegations Do Not Disclose Culpable Homicide; Civil Liability May Exist but Criminal Prosecution Requires Gross Negligence with Mens Rea.

The applicants, Dr. Ashok Saklecha and Dr. Sarika Saklecha, medical practitioners, filed an application under Section 482 of the Code of Criminal Proc...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's contributory negligence assessed at 50% for sitting on the footboard of a bus, reducing insurer's liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the claimant, Gulam Mohammad, sustained injuries while traveling as a passenger in a bus owned by Ka...

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Gujarat High Court Enhances Compensation for Injured Pillion Rider in Motor Accident Claim — Negligence of Driver Not Disputed, Tribunal's Award Found Inadequate. Compensation Enhanced from Rs.1,21,000 to Rs.2,50,000 with 9% Interest for Grievous Injuries Under Motor Vehicles Act, 1988.

The appellant, Chhitubhai Harmanbhai Patel, was the original claimant in a motor accident claim petition. On 24.04.2002, he was a pillion rider on a H...

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Gujarat High Court Allows Appeal in Motor Accident Claim Case Due to Tribunal's Failure to Consider Evidence — Remands for Fresh Adjudication on Negligence and Compensation.

The appellant, Ashwinbhai Natvarlal Bhoi, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a ...

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Bombay High Court Dismisses State Appeal Against Acquittal of Doctors in Medical Negligence Case — Gross Negligence Not Established. Criminal liability under Section 304-A IPC requires proof of gross negligence, not mere civil negligence, and the prosecution failed to meet that standard.

The State of Maharashtra appealed against the acquittal of three doctors (respondents) by the Chief Judicial Magistrate, Kolhapur, for the offence und...