Search Results for "negligent act"

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Search Results for "negligent act"

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High Court

High Court of Bombay at Goa Quashes Criminal Proceedings Against Faculty Members in Student Drowning Case — No Rash or Negligent Act Established Under Section 304-A IPC. Faculty members accompanying students on an excursion cannot be held criminally liable for accidental drowning of students due to a sudden massive wave, as there was no nexus between their conduct and the deaths.

6 Sep 2010

The case pertains to a tragic incident on 25 August 2003, when five students of Amity Business School, Noida, drowned off Candolim Beach in Goa during...

High Court

High Court of Karnataka Quashes FIR Against BESCOM Engineers in Negligence Case — Lack of Prima Facie Evidence of Rash or Negligent Act. Section 304A IPC requires proof of gross negligence directly causing death, not mere failure of duty.

6 Aug 2024

The petitioners, Sri Sreeramu V. and Subramanya T., who are Executive Engineer and Assistant Executive Engineer respectively at BESCOM's Whitefield Di...

High Court

High Court of Bombay Dismisses Insurer's Appeal in Motor Accident Claim — Deceased Thrown Out of Jeep Due to Rash Driving. Negligence of Driver Proved and Deceased Not a Gratuitous Passenger in a Goods Vehicle, Insurer Liable.

26 Nov 2019

The case arises from a motor accident claim filed by the parents of a deceased 22-year-old man. On 22.12.2008, the deceased was travelling in a jeep o...

High Court

High Court of Bombay Enhances Compensation for 100% Disabled Claimant in Motor Accident Case — Traumatic Paraplegia Victim Awarded Enhanced Compensation with Interest. Claimant's permanent disablement due to road accident led to enhancement of compensation under Section 166 of Motor Vehicles Act, 1988.

19 Sep 2022

The judgment arises from two appeals against the award of the Motor Accident Claims Tribunal, Mumbai, in Claim Application No.164 of 2005. The claiman...

High Court

High Court of Bombay at Aurangabad Allows Owner's Appeal in Motor Accident Claim — Limits Owner's Liability to Rs. 50,000 Under Section 163A of Motor Vehicles Act, 1988. Claimants' Failure to Prove Negligence Renders Claim Under Section 166 Unsustainable; Matter Remanded for Fresh Adjudication Under No-Fault Provision.

30 Nov -0001

The present appeals arise out of a motor accident claim case. The appellant in First Appeal No.523 of 2016, Pawan s/o Gulchand Musale, is the owner of...

High Court

Bombay High Court Dismisses Petition Challenging Municipal Licensing Requirement for Food Business — Holds That MMC Act and FSS Act Can Coexist Without Repugnancy. Section 394(1)(e) of MMC Act, 1888 is Not Void Under Article 254 as It Operates in a Different Field of Municipal Regulation.

6 Aug 2018

The petitioner, Sanjeev Rajaram Chimbulkar, a food business operator, filed a writ petition under Article 226 of the Constitution before the Bombay Hi...

High Court

Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim Due to Negligent Truck Driver. Court Sets Aside Finding of Contributory Negligence and Applies Correct Multiplier and Future Prospects Under Motor Vehicles Act, 1988.

31 Oct 2018

The case arises from a motor accident claim petition filed by the wife and minor children of Kishor Pawar, who died in a vehicular accident on 12 Marc...

High Court

High Court of Karnataka Allows Appeal in Employees Compensation Act Case — Sets Aside Tribunal's Dismissal of Claim for Lack of Evidence on Employer-Employee Relationship. Held that the Tribunal erred in rejecting the claim petition solely on the ground that the claimant failed to prove employer-employee relationship, without considering other evidence on record.

6 Jan 2021

The appellant, Charan G.N., a lorry driver, filed a claim petition under Section 22 of the Workmen Compensation Act (now Employees Compensation Act, 1...

High Court

High Court of Bombay Allows Appeal Against Railway Claims Tribunal Order Rejecting Condonation of Delay in Claim Application for Compensation Under Railway Claims Tribunal Act, 1987 — Untoward Incident Death of Passenger. The Court held that the Tribunal ought to have condoned the delay of 1380 days as the explanation regarding pendency of criminal proceedings and need to arrange funds constituted sufficient cause under Section 16 of the Railway Claims Tribunal Act, 1987.

13 May 2022

The appellant, Nishant Devrao Wasnik, filed a claim application before the Railway Claims Tribunal, Nagpur Bench, seeking compensation for the death o...

High Court

Bombay High Court Upholds Compensation Award in Motor Accident Case — BEST Bus Driver's Negligence Proved. Tribunal's finding of involvement of bus and negligence upheld; compensation reduced from Rs.11,88,000 to Rs.10,38,000 with 7.5% interest.

17 Oct 2019

The appeal was filed by the Mumbai Municipal Corporation (BEST Undertaking) challenging the judgment and award dated 17.7.2015 passed by the Claims Tr...

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