Search Results for "negligent act"

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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 Allows Discharge Petition in Medical Negligence Case Under Section 304A IPC — Lack of Material to Show Rash or Negligent Act. Court holds that death during anaesthesia without evidence of gross negligence does not constitute culpable homicide not amounting to murder.

The petitioner, Dr. Suvarna Arjun Jaybhaye, a medical practitioner with an MBBS degree and a diploma in Anaesthesia, was the accused in S.C.C. No. 965...

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High Court of Karnataka Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased. Deceased's Failure to Wear Helmet and Riding with Negligent Driver Led to 25% Reduction in Compensation.

The appeal was filed by the Insurance Company, ICICI Lombard GIC Ltd., against the judgment and award dated 26th July 2014 passed by the Motor Acciden...

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High Court of Madras Upholds Compensation Award in Motor Accident Case — Negligence of Bus Driver Established by Sudden Braking Without Warning. Claimant Lecturer Awarded Rs. 25,00,000 for Permanent Disability Under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on March 31, 2012, at about 09:30 p.m. The claimant, Suresh, was riding his Hero Honda motorcycle ...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Car Driver Affirmed. Tribunal's Award of Rs.7,86,788 with 9% Interest Upheld as Insurance Company Failed to Prove Contributory Negligence or Error in Income Assessment.

The case arises from a motor accident that occurred on 23.07.2017, when the claimant, Shatishbhai Jayantibhai Chhag, was riding a motorcycle bearing N...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased was an unauthorized passenger in an auto-rickshaw, and the Tribunal failed to consider contributory negligence of the auto-rickshaw driver.

The case arises from a motor accident claim filed by the legal heirs of the deceased, Prabha, who died in a collision between an auto-rickshaw and an ...

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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...