Search Results for "Victim Negligence Defence"

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — No Contributory Negligence Found. Tribunal's Award of Rs.39,80,000/- Upheld as Findings Were Based on Evidence and Not Perverse Under Section 173 of Motor Vehicles Act, 1988.

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by Reliance General Insurance Co. Ltd., the appellant, challengin...

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High Court of Karnataka Enhances Compensation for Death in Motor Vehicle Accident, Upholds Negligence Finding Against Insurer. The court applied multiplier of 18 and 40% future prospects, reducing interest from 12% to 6%.

The case arises from a motor vehicle accident that occurred on 20.03.2016, when a jeep bearing registration No.KA-33/M-5656, driven by its owner Mahad...

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Bombay High Court Acquits Mother in POCSO Abetment Case — No Evidence of Intentional Aiding. Section 17 POCSO Act requires mens rea and overt act; mere presence or failure to protect insufficient for conviction.

The appellant, Asha Patil, was convicted under Section 17 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for abetting the se...

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Supreme Court Restores Compensation in Motor Accident Claim — Bus Driver's Negligence Established by Preponderance of Probabilities. Non-examination of Pillion Rider Not Fatal to Claim Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 28 October 2011, when Sitaram, a senior government school teacher, was riding a motorcycle with a pillion rid...

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Bombay High Court Transfers Investigation of Custodial Murder to CBI and Directs Registration of FIR Against Police Officers. The court found that the victim died due to injuries sustained while in police custody and that the investigation by CID was not impartial, warranting transfer to CBI.

The petitioners, wife, father, and brother of the deceased Shaikh Muhammed Shaikh Rustam, filed a criminal writ petition seeking transfer of investiga...

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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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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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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of 40-Year-Old Businessman. Multiplier of 15 applied based on age of deceased, not claimant, under Motor Vehicles Act, 1939.

The case arises from a motor accident claim petition filed by the widow, mother, and three minor children of Hasmukhchandra Shah, who died in a vehicu...