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High Court of Karnataka Partly Allows BMTC Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased Motorcyclist. Liability Apportioned Equally Between BMTC and Deceased, Compensation Reduced to Rs.39,55,000/- with 6% Interest.

The appeal was filed by the Bangalore Metropolitan Transport Corporation (BMTC) challenging the judgment and award dated 17.09.2016 passed by the IX A...

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Bombay High Court Upholds Dismissal of Bus Driver in Fatal Accident Case — Concurrent Findings of Misconduct Not Interfered With. Petitioner failed to maintain safe distance causing three deaths; Labour Court and Industrial Court concurrently upheld dismissal as proportionate punishment.

The petitioner, Syed Mumtaz Syed Moosa, was employed as a driver with the Maharashtra State Road Transport Corporation (respondent) since 1984. On 9th...

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High Court of Karnataka Acquits Accused in Rash Driving Case Due to Inconsistent Evidence and Failure to Prove Negligence. Conviction under Sections 279, 338, 304(A) IPC Set Aside as Prosecution Failed to Establish Rash or Negligent Driving Beyond Reasonable Doubt.

The case arises from a road accident that occurred on 19.04.2011 at about 2.30 p.m. when an ambulance driven by the accused collided with an Alto car,...

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High Court of Bombay at Goa Dismisses Appeal in Motor Accident Claim — Parents Fail to Prove Negligence and Income of Deceased Son. Claim for Compensation Dismissed as Claimants Did Not Establish Rash and Negligent Driving or Deceased's Employment and Income Under Motor Vehicles Act, 1988.

The appellants, K. J. Mohammad and Smt. Saramma, parents of a deceased 22-year-old son, filed a claim petition under the Motor Vehicles Act, 1988, see...

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Bombay High Court Acquits Bus Driver in Rash Driving Case Due to Lack of Evidence of Negligence. Conviction under Sections 304(A) and 279 IPC Set Aside as Prosecution Failed to Prove Rash or Negligent Driving Causing Death.

The case involves a criminal revision application filed by Bashir Janubhai Pathan, who was convicted by the Judicial Magistrate, F.C., Pathardi, for o...

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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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High Court of Bombay at Goa Quashes Criminal Proceedings Against Boat Owner in Bumper Ride Accident Due to Lack of Evidence of Negligence. Petitioner not present at scene and no material to show rash or negligent act under Sections 279, 337, 304A IPC.

The case arises from a tragic accident on 18 November 2010 at Calangute beach, Goa, where a bumper ride boat, while returning to shore, suddenly turne...

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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...

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Bombay High Court Upholds Conviction for Rash Driving Causing Death and Injuries in Hit-and-Run Case. Revision Petitioner's Conviction Under Sections 279, 337, 304A IPC and Section 134(a)(b) r/w 187 MV Act Confirmed as Evidence of Rashness and Negligence Was Clear.

The revision petitioner, Mr. Vimanjan Hanumanta Devarkonda, was the original accused in a criminal case arising from a road accident that occurred on ...