Search Results for "Victim Negligence Defence"

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High Court of Karnataka Acquits Accused in Murder Case Due to Benefit of Doubt on Juvenile Status and Inconsistent Evidence. Claim of juvenility at time of offence not properly considered; conviction under Sections 302, 307 read with 34 IPC set aside.

The appellant, Channappa, was convicted by the Sessions Judge, Yadgir, in S.C. No. 40/2012 for offences punishable under Sections 307, 302 read with 3...

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High Court of Karnataka Allows Claimant's Appeal for Enhanced Compensation and Owner's Appeal Against Liability in Motor Accident Case — Negligence of Driver Proved, Owner Liable for Compensation.

The case involves two appeals arising from a common judgment and award dated 27.12.2010 passed by the Motor Accidents Claims Tribunal & Fast Track Cou...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Failure to Prove Guilt Beyond Reasonable Doubt. Conviction under Section 302 IPC Set Aside as Prosecution Witnesses Turned Hostile and Circumstantial Evidence Was Insufficient.

The appellant, Bandu Ramu Phadvale, was convicted by the Extra Joint Adhoc Additional Sessions Judge, Thane, for the murder of his cousin Vijay Chinta...

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Bombay High Court Allows Appeal in Air Crash Compensation Case — Enhances Damages for Bungalow Destruction. Compensation for property damage must be based on cost of reconstruction and actual loss, not market value, under tort law principles.

The appellants, Thota Sayyed and his wife Shamshad Sayyed, owned a newly constructed residential bungalow in Goa. An air crash occurred, causing the c...

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High Court of Karnataka Dismisses Insurance Appeals in Motor Accident and Workmen Compensation Cases — Upholds Awards for Injured Driver and Deceased Worker's Dependents. Insurer's Liability Affirmed Despite Alleged Policy Violations and Lack of Driving License.

The High Court of Karnataka at Dharwad disposed of a batch of miscellaneous first appeals filed by insurance companies against awards of compensation ...

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High Court of Karnataka Dismisses Insurance Appeals in Motor Accident and Workmen Compensation Cases — Upholds Awards for Injured Driver and Deceased Worker's Dependents. Insurer's Liability Affirmed Despite Alleged Policy Violations and Lack of Driving License.

This judgment involves multiple Miscellaneous First Appeals filed by insurance companies against awards of compensation under the Workmen's Compensati...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Policy Validity and Breach of Conditions Not Proved. Insurer Liable to Pay Compensation as No Defence Raised Before Tribunal and No Evidence of Policy Invalidity or Passenger Carriage in Goods Vehicle.

The case arises from a motor accident claim petition filed by the legal representatives of deceased Wamanrao, who died in a road accident on 18 April ...

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Bombay High Court Allows Writ Petition for Compensation in Police Custodial Death Case — State Directed to Pay ₹10 Lakhs for Negligence and Violation of Article 21. Failure to Provide Timely Medical Aid to Detainee Constitutes Custodial Violence and Breach of Fundamental Rights.

The petitioner, Aruna Bhimrao Athwale, filed a Criminal Writ Petition before the Bombay High Court at Aurangabad seeking compensation for the custodia...