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Bombay High Court Dismisses State Appeal in Motor Accident Claim — Negligence of Milk Tanker Driver Established by Minor Son's Testimony. Court upholds award of Rs.1,65,000 to widow and children of deceased Kailashchandra under Motor Vehicles Act, 1988.

The State of Maharashtra and other appellants appealed against the judgment and award dated 5 August 1995 of the Motor Accidents Claim Tribunal (MACT)...

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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 ...

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Madras High Court Acquits Accused in Fatal Road Accident Case Due to Inconsistent Evidence and Failure to Prove Rash and Negligent Driving. Conviction under Sections 279, 338, 304A IPC Set Aside as Prosecution Failed to Establish Guilt Beyond Reasonable Doubt.

The case arises from a road accident on 30.10.2016 at about 2.15 p.m. on Mohanur to Karur Road near Vangal Bridge. The defacto complainant Jagadeeswar...

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High Court of Karnataka Dismisses Revision Petition in Rash Driving Death Case — Conviction Under Section 304A IPC Upheld. Evidence of Eye-Witnesses and Medical Reports Establish Negligence Beyond Reasonable Doubt.

The case arises from a criminal revision petition filed by the accused, Moulasab, challenging his conviction and sentence by the JMFC-I, Hubli in CC N...

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Bombay High Court Allows Writ Petition for Compensation in Medical Negligence Case — State and Doctors Held Liable for Death Due to Negligent Sterilization Operation. Failure to Provide Adequate Post-Operative Care Amounts to Violation of Right to Health Under Article 21 of the Constitution.

The petitioners, Prabhabai and her husband Gullu @ Fulsingh Ragade, residents of Amgaon, Gondia, filed a writ petition seeking compensation for the de...

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Gujarat High Court Allows Appeal in Motor Accident Claim, Enhances Compensation for Injured Passenger. Claimant travelling in goods tempo held entitled to enhanced compensation of Rs. 3,00,000/- with interest, upholding 80:20 contributory negligence apportionment.

The appellant, Kalubhai Dulabhai Prajapati, was travelling in a goods tempo (GJ-23-W-788) on 12.06.2012 when a Maruti Eeco car (GJ-17-N-7288) driven r...

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Supreme Court Allows Appeals by Bar Bodies and Advocate, Holding Advocates Not Liable Under Consumer Protection Act. Legal Profession is Sui Generis and Excluded from Definition of 'Service' Under Consumer Protection Act, 1986/2019.

The Supreme Court considered a batch of appeals arising from an order of the National Consumer Disputes Redressal Commission (NCDRC) which held that c...

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Bombay High Court Enhances Compensation for Injured Surgeon in Motor Accident Claim — Applies Multiplier of 18 and 40% Future Prospects. Claimant's permanent disability assessed at 40% leads to enhanced award of Rs. 18,00,000.

The case involves two appeals arising from a motor accident claim. The claimant, Dr. Narayansing Hazari, a surgeon aged about 54 years, sustained inju...