Search Results for "Rashness and Negligence"

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High Court of Bombay at Goa Quashes Criminal Proceedings Against Boat Owner in Bumper Ride Accident Due to Lack of Evidence of Negligence. Petitioner not present at scene and no material to show rash or negligent act under Sections 279, 337, 304A IPC.

The case arises from a tragic accident on 18 November 2010 at Calangute beach, Goa, where a bumper ride boat, while returning to shore, suddenly turne...

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Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Negligence of Maruti Van Driver Upheld. Compensation Awarded to Legal Heirs of Deceased Rider and Injured Pillion Riders Under Section 166 of Motor Vehicles Act, 1988.

The case involves three appeals filed by The New India Assurance Co. Ltd. against judgments and awards of the Claims Tribunal, Raigad, in three motor ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Claimant. Claimant as Pillion Rider Failed to Wear Helmet and Was Not a Third Party Under Motor Vehicles Act, 1988, Section 166.

The case involves a motor accident claim filed by Devidas Waikar (claimant) who was a pillion rider on a motorcycle driven by Narhari Chalak (responde...

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High Court of Gujarat Dismisses/Allows Appeal in Motor Accident Claim—Decision Not Captured. Composite Negligence and Quantum of Compensation Under Section 166 of the Motor Vehicles Act, 1988 Were the Key Issues.

The matter involves an appeal and cross-objections arising from the judgment and award dated 14th August 2020 passed by the Motor Accident Claim Tribu...

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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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High Court of Karnataka Allows Appeal in Motor Vehicle Accident Case — Claimants Entitled to Compensation for Death of Shivaiah. Negligence of BMTC Bus Driver Established Despite Unusual Circumstances of Deceased Being Run Over by Bus While Lying on Road.

The appeal arises from the dismissal of a claim petition by the II Additional Judge, Court of Small Causes, Bangalore, in MVC No.1852/2009. The claima...

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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...

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Gujarat High Court Allows Appeal for Enhanced Compensation in Motorcycle Accident Case. Pillion Rider's Claim for Injuries Upheld with Additional Rs.1,00,000/- for Pain and Suffering Under Motor Vehicles Act, 1988.

The appellant, Junas Alimammad Mathda, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 04...