Search Results for "Negligence determination"

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Municipal Corporation of Greater Mumbai Challenges Human Rights Commission's Order in Road Accident Case -- High Court Quashes Commission's Recommendations as Exceeding Jurisdiction Under Protection of Human Rights Act

The Municipal Corporation of Greater Mumbai filed a writ petition challenging the order of Maharashtra State Human Rights Commission dated 19/1/2018 i...

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High Court Acquits Accused in Rash Driving Case Due to Inconsistent Evidence and Absence of Credible Witnesses. Conviction under Sections 279, 337, 304A IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The revision petitioner, Satish Ganapati Gunagi, was convicted by the JMFC, Ankola in C.C. No. 62/2007 for offences under Sections 279 (rash driving),...

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Gujarat High Court Reduces Contributory Negligence from 20% to 10% in Motor Accident Claim — Appellant Motorcyclist Injured in Head-On Collision with Jeep. Court Held That Absence of Evidence of Negligence on Part of Claimant Warrants Reduction of Contributory Negligence and Enhancement of Compensation.

The appellant, Lahernath Raghunath Gauswami, was the original claimant in a motor accident claim petition. On 02.03.2006, while returning to his villa...

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Bombay High Court Awards Compensation for Medical Negligence in Municipal Hospital - Extravasation Injury Leads to Loss of Fingers. Hospital Staff's Failure to Monitor IV Line Constitutes Negligence, Municipal Corporation Held Vicariously Liable.

The petitioner, Umakant Kisan Mane, was admitted to Rajawadi Municipal Hospital on 1st October 2002 following a convulsion. An intravenous line was st...

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High Court of Bombay at Goa Dismisses Insurer's Appeal in Motor Accident Claim — Negligence Finding Upheld. The Court held that the Tribunal's finding on negligence was not perverse and contributory negligence was not proved by the insurer.

The case arises from a motor accident on 17.01.2021 where Mario Bernard Fernandes (Bernard), riding an Activa scooter, collided with a Toyota Qualis i...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's contributory negligence assessed at 50% for sitting on the footboard of a bus, reducing insurer's liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the claimant, Gulam Mohammad, sustained injuries while traveling as a passenger in a bus owned by Ka...

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Madras High Court Dismisses Transport Corporation's Appeal in Fatal Bus Accident Case — Negligence of Bus Driver Established by FIR and Ocular Evidence. The court upheld the Tribunal's finding that the bus driver was negligent, rejecting the appellant's contention that the deceased was at fault.

The appellant, Managing Director of Tamil Nadu State Transport Corporation, challenged the award dated 17.02.2025 passed by the Motor Accidents Claims...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Compensation Enhanced from Rs. 2,00,000 to Rs. 3,50,000 for Death of 24-Year-Old Bachelor. Multiplier of 18 applied and 50% deduction for personal expenses upheld as per legal principles.

The appeal challenges the judgment and award dated 10.5.2004 passed by the Motor Accident Claims Tribunal at Mapusa in Claim Petition No. 40/2002. The...