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High Court of Bombay Dismisses Petition Challenging Arbitral Award Against Collecting Banker in Pay Order Fraud Case. Bank Liable for Conversion Due to Negligence in Collecting Pay Order with Forged Endorsement Under Section 131 of Negotiable Instruments Act, 1881.

The petitioner, Saraswat Cooperative Bank Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitr...

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High Court of Karnataka Acquits Accused in Rash Driving Case Due to Lack of Evidence of Negligence. Conviction Under Section 304-A IPC Set Aside as Prosecution Failed to Prove That the Accident Was Caused by the Accused's Rash or Negligent Driving.

The case pertains to a criminal revision petition filed by the accused, K.M. Appachu, challenging his conviction under Sections 279 and 304-A of the I...

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Bombay High Court Dismisses Railway's Appeal in Fatal Accident Claim — Negligence Proved by Circumstantial Evidence and Res Ipsa Loquitur. Compensation of Rs.50,000 awarded under Fatal Accidents Act, 1855 upheld as just and reasonable.

The case arises from a fatal accident on 5.1.1982 between Currey Road and Parel railway stations, resulting in the death of Ashokkumar, husband of res...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation of Rs.19,30,000 for Death of Ganeshan. Negligence of Driver of Insured Vehicle Established, and Insurer Liable to Pay Compensation Under Motor Vehicles Act, 1988.

The appeal was filed by the Regional Manager of National Insurance Company Limited against the judgment and award dated 22.09.2016 passed by the IX Ad...

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High Court of Karnataka Allows Compensation Appeal in Electrocution Death Case — Father Awarded ₹5 Lakhs for Negligence of Electricity Board. Failure to Maintain Power Lines Causing Death of College Student Attracts Strict Liability Under Section 161 of the Electricity Act, 2003.

The appellant, Pandurang S/o Bhimayya Ainapure, a farmer aged 60, lost his 20-year-old college-going son Srinivas due to electrocution on 24.09.2000. ...

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High Court of Karnataka Dismisses Appeals by Insurance Company and KSRTC in Motor Accident Claim, Upholds Compensation of Rs.15,12,000 for Death of Pillion Rider. Negligence of KSRTC Bus Driver Established; Insurance Company Liable to Pay Compensation with 9% Interest.

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, Sebastian Parekal, who died in a road acciden...

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Bombay High Court Allows Condonation of 11-Day Delay in Filing Appeal — Liberal Approach in Absence of Negligence or Malafides. The court held that a delay of 11 days in filing an appeal should be condoned as the explanation was sufficient and there was no negligence or malafides.

The petitioner, Smt. Conceicao Maria Pereira Fernandes, filed a writ petition in the High Court of Bombay at Goa challenging an order dated 2nd July 2...

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Bombay High Court Allows Appeal in Military Firing Death Case — Negligence and Vicarious Liability Established. The court held that firing without warning at a civilian constitutes negligence, and the Union of India is liable for compensation under the Fatal Accidents Act, 1855.

The appeal arises from a suit filed by the widow and children of Rajendra Kankariya, who was killed on 10 June 1994 when military jawans fired shots o...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Driver's Invalid License. Pay and Recover Principle Applied as Insurer Must Compensate Third Party and Recover from Owner.

The case arises from a motor accident claim filed by the respondent no.1 (original applicant) before the Motor Accident Claims Tribunal (MACT), Pune. ...