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Gujarat High Court Reduces Compensation by 50% in Motor Accident Claim Due to Contributory Negligence of Deceased Driver. Deceased's failure to place warning signs after tyre puncture on highway contributed to accident, leading to apportionment of liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of Sunil Samharu Yadav, who died in a road accident on 19.05.2013. The deceased w...

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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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Bombay High Court Allows Appeals in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. Deceased were not third parties but employees of the offending vehicle owner, and contributory negligence was established.

The case arises from a motor accident that occurred on 28th January 2000, involving a vehicle owned by the Commandant, CAD Camp, Pulgaon, and driven b...

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Bombay High Court Partly Allows Appeal by Insurance Company in Motor Accident Claim — Apportions Liability Between Two Insurers. Oriental Insurance Co. Ltd. held liable for 75% of compensation with right to recover from owner for breach of policy conditions.

The present appeal was filed by Oriental Insurance Co. Ltd., the insurer of the truck involved in the accident, challenging the judgment and award of ...

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Supreme Court Upholds NCDRC Finding of Deficiency of Service in Hotel Swimming Pool Death — Duty of Care Owed by Hotel Management to Guests Using Pool Facilities. Assigning Lifeguard Additional Bartending Duties Constitutes Breach of Duty Under Consumer Protection Act, 1986.

The appeals arose from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dated 28 April 2015, which held the Kerala Tourism De...

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High Court of Karnataka Dismisses Appeals by BMTC and Insurance Company in Motor Accident Claim — No Negligence by BMTC Driver Established. The court upheld the Tribunal's finding that the tipper lorry driver was solely negligent, and the compensation of Rs.25,000/- with interest was just and proper.

The case arises from a motor accident that occurred on 19.08.2012 involving a BMTC bus (KA-01-F-4447) and a tipper lorry (AP-07-U-8783). The claimant,...

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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...