Search Results for "Reasonable care"

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Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

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Supreme Court Upholds Compensation Award in Medical Negligence Case Under Consumer Protection Act, 1986. The Court found deficiency in service due to inadequate post-operative monitoring and delayed intervention in treating a patient with aortic aneurysm, leading to death and warranting compensation.

The dispute arose from a complaint filed by the legal heirs of a deceased patient, Dinesh Jaiswal, against Bombay Hospital & Medical Research Centre a...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Failed to Prove Driver's Lack of Valid License. Insurer liable to pay compensation as burden of proof under Section 149(2) of Motor Vehicles Act, 1988 not discharged.

The case arises from a fatal motor accident that occurred on 30.11.1999 on Pune-Jejuri road, resulting in the death of Vinayak Laxman Katake. The clai...

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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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Supreme Court Upholds Medical Negligence Finding Against Hospital and Doctors for Failure to Conduct ROP Screening on Preterm Baby Leading to Blindness. Compensation Enhanced for Child's Total Blindness Due to Negligent Omission of Mandatory Retinopathy of Prematurity Check-Up.

The case arises from a consumer complaint alleging medical negligence against Maharaja Agrasen Hospital and its doctors for failing to conduct mandato...

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Bombay High Court Acquits Doctor in Medical Negligence Case Due to Lack of Gross Negligence. Death During Surgery Not Sufficient for Criminal Liability Under Section 304A IPC Without Proof of Recklessness.

The case arises from the death of Prakash Parekh, a young man who underwent a surgical procedure performed by Dr. Anil Pinto on 20/02/1984. The compla...

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High Court of Bombay at Nagpur Upholds Discharge of Accused in School Van Accident Case — No Prima Facie Case of Rash or Negligent Driving. Court holds that mere involvement in an accident does not establish rash or negligent driving under Sections 279, 304-A IPC and Motor Vehicles Act.

The present criminal revision was filed by the complainant, Ashok Tarachand Ramteke, challenging the order of the Sessions Judge, Wardha, who discharg...

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Supreme Court Allows Doctor and Hospital's Appeal in Ptosis Surgery Negligence Case — Deterioration Post-Surgery Not Proof of Medical Negligence. Mere Failure of Treatment Without Evidence of Breach of Duty Does Not Attract Liability Under Consumer Protection Act, 1986.

The case involves two cross-appeals arising from a common order of the National Consumer Disputes Redressal Commission (NCDRC) dated 24.08.2011. The c...

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Bombay High Court Upholds Conviction of Oncologist for Rash Act Causing Grievous Hurt in Cancer Surgery. Doctor's failure to examine patient before abandoning operation and causing prolonged hospitalization amounts to rash act under Section 338 read with Section 109 IPC.

The case involves a criminal revision application filed by Dr. P.B. Desai, the original accused no.1, challenging his conviction under Section 338 rea...