Search Results for "Rashness and Negligence"

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Finding of Contributory Negligence Set Aside Due to Lack of Evidence. Parents of deceased motorcyclist awarded full compensation of Rs.60,000 with interest as Tribunal's finding of contributory negligence was based on no evidence.

The appellants, parents of the deceased Shekhar Krishna Kalgutker, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking c...

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Bombay High Court Partly Allows Appeal for Enhanced Compensation in Motor Accident Claim — Apportionment of Negligence Between Driver and Owner Upheld. Claimants awarded enhanced compensation for death of breadwinner under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of the deceased Jaising Babu Jadhav, who died in a road accident on 20.12.2015. T...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Held that contributory negligence of deceased motorcyclist must be considered when calculating compensation under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the respondents (original claimants) before the Motor Accident Claims Tribunal, Ahmednagar. The c...

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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.

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...

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Bombay High Court Upholds Dismissal of Bus Driver in Fatal Accident Case — Concurrent Findings of Misconduct Not Interfered With. Petitioner failed to maintain safe distance causing three deaths; Labour Court and Industrial Court concurrently upheld dismissal as proportionate punishment.

The petitioner, Syed Mumtaz Syed Moosa, was employed as a driver with the Maharashtra State Road Transport Corporation (respondent) since 1984. On 9th...

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Bombay High Court Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased. Apportionment of Liability at 50% Each Between Truck Driver and Jeep Driver Based on Evidence of Collision on Wrong Side.

The appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the Maharashtra State Road Transport Corporation (MSRTC) against the judgmen...

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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Prima Facie Case Under Section 304-A IPC. FIR and charge-sheet quashed as no expert opinion obtained to establish medical negligence.

The applicant, Dr. Pramod Yashwantrao Gurjar, an Obstetric and Gynecology Surgeon, performed a cesarean surgery on Smt. Kanchan Atul Kulkarni on 06.03...

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High Court of Gujarat Enhances Compensation for Injured Cleaner in Composite Negligence Truck Accident. Claimant's Income Reassessed at Rs.2,400 per month with 40% Future Prospects and Multiplier of 18 Under Motor Vehicles Act, 1988.

The appellant, Dineshkumar Bababhai Prajapati, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award ...

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High Court of Karnataka Quashes Charge Sheet Against Teachers in Student Death Case Due to Lack of Criminal Negligence. Section 304A IPC Not Attracted as Death Was Accidental and Not Attributable to Any Rash or Negligent Act of the Accused.

The case pertains to a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) by eight petitioners, who were teacher...