Search Results for "medical negligence"

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence Established by Involvement of Vehicle. Claimants Awarded Compensation Under Section 166 of Motor Vehicles Act, 1988 for Death of Deceased in Road Accident.

The appeal was filed by the claimants, who are the widow, minor son, and mother of the deceased Prakash Deorao Patil, against the judgment and order d...

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High Court of Gujarat Allows Appeal, Sets Aside Contributory Negligence Finding and Enhances Compensation in Motor Accident Claim. Rear-End Collision Presumption Applied Under Section 166 of Motor Vehicles Act, 1988.

The appellant, Dilipkumar Bhailalbhai Thakkar, filed a first appeal against the judgment and award dated 16.10.2012 of the Motor Accident Claims Tribu...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence and Income Assessment Upheld. Tribunal's Award of Rs. 88,46,000/- with 12% Interest Confirmed as Based on Evidence.

The case arises from a motor accident claim petition filed by the respondents (claimants) being the wife, daughter, and mother of the deceased Dilip M...

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Gujarat High Court Partly Allows Appeal by AMTS Reducing Compensation in Motor Accident Case Due to Claimant's Contributory Negligence. The court upheld the 80:20 apportionment of negligence but reduced the compensation from Rs. 5,74,480 to Rs. 4,59,584 with 8% interest.

The case arises from a motor accident that occurred on 08.05.2006 when the claimant, Babarbhai Jethabhai Vankar, a professor aged 38, was riding an Ac...

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Bombay High Court Dismisses MSRTC Appeal in Motor Accident Claim — Negligence of Bus Driver Upheld. Compensation of Rs. 18,91,600 with 7.5% Interest Affirmed Under Motor Vehicles Act, 1988 for Death of Motorcyclist.

The case arises from a motor accident claim filed by the widow and son of Kashinath Zanje, who died in a road accident on 21 February 2015. The deceas...

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Bombay High Court Dismisses Petition Against Civil Suit for Medical Negligence Despite Prior Consumer Forum Dismissal. Principle of Res Judicata Not Applicable to Consumer Forum Decisions Under Section 9 of Consumer Protection Act, 1986.

The case involves a dispute over medical negligence leading to the death of a baby boy. The respondents (parents) initially filed a complaint before t...

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Bombay High Court Quashes Criminal Proceedings Against Medical Student in Rash Driving Case — Lack of Evidence of Negligence. FIR and Chargesheet under Sections 279, 337, 338 IPC and Section 184 Motor Vehicles Act, 1988 quashed as no prima facie case of rash or negligent driving established.

The applicant, Dr. Nidhi Suresh Kharabe, a 26-year-old medical student, filed a criminal application under Section 482 of the Code of Criminal Procedu...

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Madras High Court Allows Claimant's Appeal for Enhanced Compensation in Motor Accident Case, Dismisses Insurance Company's Appeal. Court sets aside finding of contributory negligence and applies correct multiplier and future prospects under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 18.06.2018, when the deceased, Suresh, was riding a motorcycle and was hit by a car driven by t...

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Bombay High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased driver found 50% contributorily negligent in head-on collision; insurer's liability limited to 50% of awarded amount under Motor Vehicles Act, 1988.

The case arises from a motor accident on 25.12.1989 on National Highway No.7 near Kondhali, Nagpur, involving a collision between two trucks: one bear...