Search Results for "rashness and negligence"

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Search Results for "rashness and negligence"

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High Court

High Court of Gujarat Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's Scooty Hit from Behind by ST Bus; 50% Contributory Negligence Attributed to Claimant for Sudden Turn Without Indication.

3 Mar 2026

The case arises from a motor accident that occurred on 04.11.2001 when the claimant, Lalitkumar Tulsidas Daiya, was riding his Scooty bearing Registra...

High Court

High Court of Karnataka Quashes Revisional Order Restoring Complaint in Medical Negligence Case — Lack of Expert Opinion Under Section 155(2) of Indian Medical Council Act, 1956 Renders Complaint Not Maintainable. The court held that the mandatory requirement of obtaining expert opinion before taking cognizance of medical negligence cannot be dispensed with, and the Revisional Court erred in restoring the complaint without considering this provision.

2 Mar 2021

The petitioners, Manipal Hospital and Dr. Shankar Kumar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) se...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Under Section 163A MV Act — No Fault Liability Principle Precludes Defence of Victim's Negligence. The Court held that the defence of wrongful act or neglect of the victim is not available in proceedings under Section 163A of the Motor Vehicles Act, 1988, as the provision is a complete code based on no fault liability.

6 Feb 2014

The appeal arises from a judgment and award dated 15th June 2010 passed by the Motor Accident Claims Tribunal, Mumbai in M.A.C.P. No. 2554 of 1995. Th...

High Court

High Court of Bombay Upholds Compensation Award in Motor Accident Claim for Child Death — Negligence of ST Bus Driver Established. MSRTC held vicariously liable for death of 10-year-old student hit by bus at bus-stand; compensation of Rs.4,00,000 with 8% interest upheld under Motor Vehicles Act, 1988.

24 Aug 2023

The case arises from a motor accident claim filed by the parents of a 10-year-old boy, Parikshit Bhosale, who died after being hit by a State Transpor...

High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim — Insurance Company Held Liable Despite Absence of Driving License. Breach of Policy Condition Not Established as Owner Failed to Produce License, But Insurance Company Must Pay and Recover.

5 Mar 2026

The appellant, Balwantsinh Mahasukhbhai Chavda, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation for injuries sustained ...

High Court

High Court of Karnataka Quashes FIR Against School Management in Child Injury Case — No Criminal Intent Established Under Section 125(a) BNS, 2023. The court held that an incident where a student lost vision due to fellow students spraying confetti in a school bus was a childish mischief or accident, not attributable to the school, and quashed the FIR.

23 Jun 2026

The petitioner, Divyajyothi School Management, represented by its Head Master, filed a petition under Section 482 of the Code of Criminal Procedure, 1...

High Court

Bombay High Court Allows Insurance Company's Appeal Reducing Compensation in Motor Accident Claim — Parents of Deceased Captain Awarded Reduced Amount Due to Contributory Negligence and Deduction of Personal Expenses. The Court held that 50% contributory negligence was attributable to the deceased driver and that 50% deduction for personal expenses was warranted in a claim by parents, reducing the award from Rs.14,76,000 to Rs.3,59,250.

7 Nov 2023

The case arises from a motor vehicle accident on 28 July 2002 on Sangli-Kolhapur Road near Akashwani Kendra, Sangli. Captain Shailendra Karandikar was...

High Court

Bombay High Court Grants Anticipatory Bail to Accused in Fatal Hit-and-Run Case Due to Lack of Prima Facie Evidence of Knowledge Under Section 304 IPC. The court held that the blood alcohol level was within permissible limits under Section 185 MV Act and that custodial interrogation was not required.

26 Jun 2024

The applicant, a female MBA graduate and businesswoman, sought anticipatory bail under Section 438 CrPC in connection with a fatal hit-and-run acciden...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Rejection of Petition Under Section 163A MV Act — Claimants Entitled to Compensation as Per Structured Formula Despite Alleged Contributory Negligence.

5 Dec 2015

The appellants, Ashabai, Seema, and Umesh, are the legal representatives of the deceased Kalyan Kothi. They filed a claim petition under Section 163A ...

High Court

Bombay High Court Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased Employee. Deceased conductor returning on scooter from depot held equally negligent; compensation reduced by 50% with proper deductions under Motor Vehicles Act, 1988.

18 Jul 2017

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Nagpur, dated 13/12/2005 in Claim Petition No.301/2001, awarding compensation...

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