Search Results for "Negligence"

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Search Results for "Negligence"

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High Court

Bombay High Court Dismisses Union of India's Appeal in Railway Level Crossing Accident Case — Joint Liability Upheld for Negligence of Railway Staff. Court affirms that keeping level crossing gate open for road traffic without warning constitutes negligence, making Railways jointly and severally liable with truck owner and insurer under the Fatal Accidents Act, 1855.

10 Aug 2023

The case arises from a fatal accident on 24th January 1979, when a truck (Registration No. MHS 7493) carrying sugarcane and driven by Mohamed Amanjibh...

High Court

Bombay High Court Allows Appeal by Zilla Parishad in Motor Accident Compensation Case — Sets Aside Tribunal's Award Due to Lack of Vicarious Liability. Employer Not Liable for Accident Caused by Employee While Driving Personal Vehicle Without Employer's Knowledge or Permission Under Motor Vehicles Act, 1988.

27 Jul 2023

The case arises from a motor accident claim filed by the legal heirs of Rafik Khalifa (deceased) who died in a road accident on 18th August 2016. The ...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case — Death Due to Sudden Jerk Constitutes Untoward Incident. Parents of Deceased Entitled to Compensation Under Section 124A of the Railways Act, 1989 as Deceased Was a Bonafide Passenger.

6 Jun 2023

The appeal arises from a judgment and award dated 28/04/2017 passed by the Railway Claims Tribunal in OA(IIu)/NGP/2015/0213, whereby the Tribunal reje...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased Motorcyclist Skidded While Avoiding Bicycle Rider, Held Guilty of Contributory Negligence; Compensation Reduced by 50% Under Motor Vehicles Act, 1988.

6 Jun 2023

The case arises from a motor accident claim filed by the parents of deceased Prashant Badwaik, who died in a motorcycle accident on 13/07/2006. The de...

High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim — Negligence of Driver Proved by Oral and Documentary Evidence. The court held that the Tribunal erred in dismissing the claim petition despite sufficient evidence of negligence.

18 Sep 2012

The appellant, a legal representative of the deceased, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation for the death of...

High Court

Bombay High Court Enhances Compensation in Motor Accident Claim Case Due to Negligence of Driver and Owner. Apportionment of Liability Between Owner and Driver Under Motor Vehicles Act, 1988.

28 Apr 2023

The case involves two appeals arising from a motor accident claim petition filed by the legal heirs of deceased Prasad Sarodaya, who died in a road ac...

High Court

High Court of Bombay at Nagpur Allows Appeal in Railway Accident Claim Case — Deceased's Fall from Train Held as 'Untoward Incident' Under Section 124A of Railways Act, 1989. Claimants Entitled to Compensation as Death Occurred Due to Accidental Fall While Boarding/Alighting, Not Due to Self-inflicted Injury or Negligence.

11 Apr 2023

The appeal arises from a judgment and award dated 26.11.2019 passed by the Railway Claims Tribunal, Nagpur, which rejected the claim for compensation ...

High Court

Bombay High Court Dismisses Railway's Appeal in Untoward Incident Death Case — Compensation Awarded to Legal Heirs of Deceased Passenger. Death due to accidental fall from train while alighting constitutes an untoward incident under Section 124A of the Railways Act, 1989, and negligence is not a defense.

27 Apr 2023

The case involves an appeal by the Union of India, represented by the General Manager of South Central Railway, against the judgment and award dated 1...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Bus Driver — Compensation Awarded for Amputation of Toes Resulting in 43% Permanent Disability. The court applied the doctrine of res ipsa loquitur to hold the bus driver negligent and awarded Rs. 2,50,000/- with interest.

6 Apr 2023

The appellant, Sayed Mohaseen, a student aged 18, filed a claim petition under the Motor Vehicles Act seeking compensation of Rs. 3,50,000/- for injur...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Case Due to Lack of Negligence Proof. Claimants Failed to Establish Rash and Negligent Driving by Truck Driver, Resulting in Setting Aside of Tribunal's Award.

15 Mar 2023

The appeal was filed by the Oriental Insurance Company under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 3.1...

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