Search Results for "own negligence"

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Supreme Court Dismisses Bank's Appeal in Consumer Dispute Over Cheque Clearing Deficiency. Bank held liable for deficiency in service under Consumer Protection Act, 1986 due to negligence in presenting cheques within validity period, with compensation awarded for loss caused by expired cheques.

The Supreme Court of India heard two civil appeals filed by Canara Bank against a judgment of the National Consumer Disputes Redressal Commission. The...

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Gujarat High Court Dismisses Appeal by Electricity Company in Electrocution Death Case. Paschim Gujarat Vij Company Ltd. held liable for death due to high voltage in support wire of electric pole, affirming strict liability and compensation of Rs.6,30,000.

The case arises from an incident on 24 November 1993, when Deepakkumar J. Bhatt, while participating in a religious ceremony (Tulsi Vivah) in Village ...

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Gujarat High Court Allows Appeal in Motor Accident Claim for Pillion Rider Injured in Tractor Collision — Tribunal's Deduction for Contributory Negligence Set Aside as No Evidence of Rider's Fault.

The appellant, Rupasangji Ravaji Thakor, was a pillion rider on a motorcycle when a tractor driven rashly and negligently dashed into the motorcycle f...

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Bombay High Court Acquits Bus Driver in Rash Driving Case Due to Lack of Evidence of Negligence. Conviction under Sections 279 and 304-A IPC set aside as sole eyewitness did not testify that the bus was driven rashly or negligently.

The applicant, Shivaji Damodar Karne, a bus driver employed with BEST, was convicted by the trial court (28th Esplanade Court, Mumbai) in CC No.40/P/9...

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Bombay High Court Allows Conversion of Claim Petition from Section 166 to Section 163-A of Motor Vehicles Act in Fatal Accident Case. Claimants entitled to compensation under no-fault liability despite deceased's own negligence.

The appeal arises from a judgment of the Claims Tribunal, Mumbai, dismissing M.A.C.P No.645 of 2006 filed under Section 166 of the Motor Vehicles Act,...

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High Court of Karnataka Allows Appeal in Motor Accident Claim — Dog on Road Constitutes 'Act of God' Not Negligence. Claimant's Wife Died After Motorcycle Fell Due to Sudden Appearance of Dog; Tribunal Erred in Holding Claimant as Owner of Borrowed Vehicle Under Section 163A of Motor Vehicles Act, 1988.

The appellant, Shri Vithal, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988, seeking compensation for the death of his wife ...

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Bombay High Court Upholds Dismissal of Bus Driver in Fatal Accident Case — Concurrent Findings of Misconduct Not Interfered With. Petitioner failed to maintain safe distance causing three deaths; Labour Court and Industrial Court concurrently upheld dismissal as proportionate punishment.

The petitioner, Syed Mumtaz Syed Moosa, was employed as a driver with the Maharashtra State Road Transport Corporation (respondent) since 1984. On 9th...