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Bombay High Court Allows Appeal in Railway Accident Claim Case — Sets Aside Tribunal's Dismissal for Erroneous Application of Res Ipsa Loquitur. Parents and Minor Daughter of Deceased Passenger Who Fell from Train Entitled to Compensation Under Section 124A of Railways Act, 1989.

The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur, dated 23 January 2019, dismissing the claim application filed by the appella...

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Bombay High Court at Goa Dismisses Revision Against Conviction in Rash Driving Case — Confirms Sentence for Causing Grievous Hurt. Court holds that evidence of injured witnesses and mechanical inspection report sufficiently established rash and negligent driving under Sections 279, 337, 338 IPC.

The petitioner, Firoz Mohammed Ali Aga, was the driver of a mini bus (registration no. GA-02/T-4897) that met with an accident on 05/03/2010 near Vadd...

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Supreme Court Acquits Conductor in Bus Accident Case Under Section 308 IPC — No Intent to Cause Death or Grievous Hurt Established. Ringing Bell Without Checking Passenger Boarding Does Not Amount to Attempt to Commit Culpable Homicide.

The Supreme Court considered an appeal against the conviction of Abdul Ansar, a bus conductor, under Section 308 of the Indian Penal Code (IPC) for an...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimants' Appeal for Enhanced Compensation Dismissed as Deceased Pedestrian Found 50% Contributory to Accident.

The case arises from a motor vehicle accident that occurred on 22.05.2011 at about 8.30 p.m. near Mallaghatta Gate, Kunigal Town, Tumkur District. The...

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Supreme Court Acquits KSRTC Driver in Road Accident Case Due to Lack of Rash or Negligent Driving Evidence. Conviction under Sections 279 and 304A IPC Set Aside as Prosecution Failed to Prove Culpable Rashness or Negligence Beyond Reasonable Doubt.

The appellant, Mohammad Hanif Jainum Khalifa, was a driver employed by the Karnataka State Road Transport Corporation (KSRTC). He was tried and convic...

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Madras High Court Allows Insurance Company's Appeal in Motor Accident Claim — Negligence Not Proved. Deceased Auto Driver Died in Single-Vehicle Capsize; No Evidence of Third-Party Involvement or Negligence, Hence Employer and Insurer Not Liable Under Motor Vehicles Act, 1988.

The case arises from a claim petition filed by the legal representatives of the deceased, Govindaraj, who died in a motor vehicle accident on February...

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High Court of Karnataka Hears Appeals in Motor Accident Claims Challenging Tribunal's Absolution of Insurer and Inadequate Compensation. Claimants Argue That Insurer Failed to Prove Driving Licence Breach and Must Pay Under 'Pay and Recover' Principle of Motor Vehicles Act, 1988.

The appeals arose from a motor vehicle accident on 30.06.2009 where a husband and wife on a motorcycle were hit by a rashly driven Light Goods Vehicle...