Search Results for "negligent act"

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Supreme Court Upholds Conviction but Reduces Sentence in Rash and Negligent Driving Case. Conviction under Sections 279 and 304A IPC Maintained While Substantive Imprisonment Reduced to Period Already Served Based on Mitigating Circumstances Including Compensation Payment and Family Situation.

The Supreme Court considered a criminal appeal challenging conviction and sentence for offences under Sections 279 and 304A of the Indian Penal Code a...

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Bombay High Court Dismisses Employee's Petition Challenging Dismissal for Rash Driving Causing Fatal Accident. Concurrent Findings of Misconduct Upheld Under Article 227 as Not Perverse.

The petitioner, Ashok Bapu Kamble, was employed as a driver with the Maharashtra State Road Transport Corporation (respondent) since 2011 with an unbl...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Compensation Enhanced for Widow and Children. Future Prospects and Loss of Consortium Granted Under Section 166 of Motor Vehicles Act, 1988.

The appeal was filed by the claimants (widow, children, and parents of the deceased) against the judgment and award dated 3rd April 2018 in MACP No. 4...

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Bombay High Court Dismisses State Appeal Against Acquittal in Rash Driving Case — No Evidence of Negligence. Acquittal upheld as prosecution failed to prove rash or negligent driving under Sections 279, 304-A, 338 IPC and Section 184 Motor Vehicles Act, 1988.

The State of Maharashtra appealed against the acquittal of Mahadeo Siddhappa Ghali, a bus driver, by the Judicial Magistrate First Class, Miraj. The a...

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Bombay High Court Allows Appeal by Vehicle Owner in Motor Accident Claim — Insufficient Evidence of Involvement of Vehicle in Accident. Claimants Failed to Prove That the Offending Vehicle Was Involved in the Fatal Accident, Leading to Setting Aside of Compensation Award.

The appellant, Anuradha Kulkarni, was the owner of a car bearing registration No. MP23B1960. The respondents, legal heirs of Sopan Dandge, filed a cla...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian held 50% contributorily negligent for crossing highway without care, reducing insurer's liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal representatives of a deceased pedestrian, Satish Gavali, who died in a vehicular accide...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Compensation Award Upheld. The court found no error in the Tribunal's assessment of compensation under Section 166 of the Motor Vehicles Act, 1988 for the death of Rajesh Shah in a vehicular accident.

The case involves an appeal by the New India Assurance Company Limited against the judgment and award dated 23rd September 2011 passed by the Motor Ac...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Pillion Rider Due to Negligent Driving. Court Confirms That Medical Expenses Incurred for Treatment of Injured Claimant Who Later Died Are Recoverable Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 03.02.2019 involving a motorcycle (GJ-12-AV-2141) and a dumper (GJ-12-AZ-7755). The dumper, driven rashly and...

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High Court of Karnataka Enhances Compensation for Death in Motor Vehicle Accident, Upholds Negligence Finding Against Insurer. The court applied multiplier of 18 and 40% future prospects, reducing interest from 12% to 6%.

The case arises from a motor vehicle accident that occurred on 20.03.2016, when a jeep bearing registration No.KA-33/M-5656, driven by its owner Mahad...