Search Results for "negligence"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
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Search Results for "negligence"

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High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case — Deemed Deceased a Bona Fide Passenger Based on Ticket Recovery. Recovery of a valid ticket from the deceased's pocket establishes passenger status, and the Railways' failure to rebut the presumption under Section 123(c)(2) of the Railways Act, 1989 entitles dependants to compensation.

23 Mar 2021

The appellants, being the widow, sons, and mother of the deceased Suresh Gharat, filed a claim application before the Railway Claims Tribunal, Mumbai,...

High Court

Bombay High Court Allows Enhancement of Compensation in Motor Accident Claim by Treating Petition Under Section 166 Instead of Section 163A of Motor Vehicles Act, 1988. Claimants entitled to just compensation based on actual income and future prospects, not structured formula.

6 Dec 2021

The appellants, being the widow, minor children, and father of the deceased Diwakar Pawade, filed a claim petition under Section 166 of the Motor Vehi...

High Court

Bombay High Court Allows Writ Petition Challenging Denial of Gratuity Under Payment of Gratuity Act, 1972 — Misconduct of Issuing Lesser Denomination Tickets Does Not Constitute 'Theft, Fraud or Dishonesty' Under Section 4(6)(b).

27 Jan 2020

The petitioner, Vasant B. Bhujbal, was employed as a conductor with the respondent-corporation (a State Transport undertaking) from May 1968. On 29 Au...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased was an unauthorized passenger in an auto-rickshaw, and the Tribunal failed to consider contributory negligence of the auto-rickshaw driver.

13 Mar 2020

The case arises from a motor accident claim filed by the legal heirs of the deceased, Prabha, who died in a collision between an auto-rickshaw and an ...

High Court

High Court of Bombay Enhances Compensation for Widow in Motor Accident Death Case Due to Negligence of ST Bus Driver. Deceased's Income Reassessed and Future Prospects Applied to Compute Just Compensation Under Section 166 of Motor Vehicles Act, 1988.

24 Jul 2020

The appellant, Anita Arun Memane, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the death of her ...

High Court

High Court of Karnataka Allows Insurance Company's Appeals in Motor Accident Claims, Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. The court apportioned liability at 50% contributory negligence for a pedestrian crossing without care and reduced compensation for a pillion rider due to absence of income proof.

8 Jul 2025

The judgment involves two appeals filed by the same insurance company, M/s Tata AIG General Insurance Company Ltd, against separate awards of the Moto...

High Court

High Court of Karnataka Acquits Accused in Rash Driving and Death Case Due to Inconsistent Evidence and Lack of Proof of Negligence. Conviction under Sections 279, 304A IPC and Section 187 MV Act Set Aside as Prosecution Failed to Establish Guilt Beyond Reasonable Doubt.

11 Jul 2025

The revision petitioner, Dyaniyal S/o Malku Army, was convicted by the Addl. Civil Judge and JMFC, Humnabad in C.C. No. 309/2019 for offences under Se...

High Court

Bombay High Court Partly Allows Criminal Application in Medical Negligence Case, Upholds Quashing of Process Against Doctor. Court directs Magistrate to obtain expert committee report before proceeding under Section 304A IPC.

11 Jan 2010

The applicant, Smt. Nirmalaben w/o Narayanbhai Parmar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, aggriev...

High Court

Bombay High Court Allows Appeal by Employer in Motor Accident Claim — Reduces Compensation Due to Wrong Multiplier. The Court held that the multiplier must be based on the age of the deceased (47 years) as per the Second Schedule to the Motor Vehicles Act, 1988, reducing the award from Rs.1,75,000 to Rs.1,45,000.

19 Jan 2010

The case arises from a motor accident claim filed under Section 110A of the Motor Vehicles Act, 1939. The 1st to 4th Respondents (claimants) are the w...

High Court

High Court of Bombay at Aurangabad Allows Appeal in Motor Accident Claim — Owner of Jeep Held Liable Despite Driver's Acquittal. The court held that the standard of proof in civil proceedings is different from criminal proceedings and that the owner is vicariously liable for the driver's negligence.

14 Jan 2010

The appellant, Narendra Aniruddha Dake, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries su...

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