Search Results for "medical negligence"

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Search Results for "medical negligence"

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High Court

High Court of Karnataka Allows Insurance Company's Appeal and Dismisses Claimant's Appeal in Motor Accident Compensation Case — Negligence Not Proven as Claimant Failed to Examine Driver or Produce Documents. Claimant failed to discharge burden of proof under Motor Vehicles Act, 1988, Section 173(1) by not examining the driver of the offending vehicle, leading to adverse inference.

23 Jan 2013

The case involves two cross-appeals arising from a motor accident claim. The claimant, Ashok Raja Urs K., filed a claim petition before the Motor Acci...

High Court

High Court Dismisses Claimants' Enhancement Appeal, Upholding Compensation Only for Accident Injuries as Death Due to Pre-Existing Kidney Disease. Dependents Not Entitled to Pain and Suffering; Loss of Earning and Medical Expenses Recategorized but Quantum Unchanged.

5 Mar 2025

The case arose from a motor accident on 15.07.2018, when the deceased Jayaraman, while driving his two-wheeler with his wife as pillion, was struck by...

High Court

Bombay High Court Allows Enhancement of Compensation for Minor Claimant with Permanent Disability in Motor Accident Case — Multiplier Method Applied for Future Loss of Earning Capacity. Notional Income of Rs.15,000 Per Annum Used for 7-Year-Old Child Under Motor Vehicles Act, 1988.

16 Aug 2018

The case involves a claim for enhancement of compensation by a 7-year-old girl, Sayyad Alisha Rajjak, who suffered severe injuries in a road accident ...

High Court

High Court of Karnataka Allows Insurance Company's Appeal and Dismisses Claimant's Appeal in Motor Accident Claim — Compensation Reduced Due to Contributory Negligence and Lack of Proof of Income. The court held that the claimant, a pillion rider, was guilty of contributory negligence for not wearing a helmet and that the income assessed by the Tribunal was excessive without evidence.

4 Nov 2024

The case involves two appeals arising from a motor accident claim. The claimant, Muniyappa, was a pillion rider on a motorcycle that met with an accid...

High Court

High Court of Gujarat Enhances Compensation for Grievous Injuries in Motor Accident Claim. Tribunal's Award of Rs. 85,000 Enhanced to Rs. 2,00,000 Considering Medical Expenses, Pain, and Loss of Amenities Under Motor Vehicles Act, 1988.

16 Mar 2026

The appellant, Rameshbhai Jesingbhai Talpada, filed a first appeal before the High Court of Gujarat against the judgment and award dated 17.12.2014 pa...

High Court

High Court of Karnataka Allows Insurance Company's Appeal in Motor Vehicle Accident Cases — Reduces Compensation Due to Lack of Proof of Income and Negligence. The court reduced the compensation awarded by the Tribunal for injuries and death, holding that the claimants failed to prove the income of the victims, and reduced the interest rate from 8% to 6%.

14 Aug 2019

The case involves three miscellaneous first appeals filed by the Oriental Insurance Company against the judgment and award of the Motor Accidents Clai...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case — Enhances Compensation for Death of a 19-Year-Old Student. Court holds that future prospects must be considered even for non-earning deceased, and multiplier should be based on age of deceased, not claimant.

16 Aug 2013

The case arises from a motor accident claim petition filed by the appellants, who are the legal heirs of the deceased, a 19-year-old student named Pra...

High Court

High Court of Bombay at Nagpur Allows Second Appeal Against Rejection of Condonation of Delay in First Appeal — Finding of First Appellate Court Held Perverse. The Court set aside the order rejecting condonation of delay and restored the first appeal for hearing on merits, emphasizing that the appellate Court must consider all relevant facts.

29 Oct 2013

The case arises from a second appeal against the judgment of the first appellate Court dated 26.7.2011 in Misc. Civil Application No.291 of 2011, whic...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case — Negligence of Truck Driver Proved, Contributory Negligence Not Established. Appellants awarded enhanced compensation of Rs. 18,00,000/- with interest at 7.5% per annum from the date of petition.

12 Dec 2013

The appellants, being the widow, daughter, father (since deceased), and mother of the deceased Sandip Purandare, filed a claim petition under the Moto...

High Court

Bombay High Court Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Minor Driver Without License. Claimant pillion rider on Luna moped driven by minor friend without license; court apportions 50% contributory negligence reducing award from Rs.5,92,775 to Rs.2,96,387.

17 Jul 2015

The case arises from a motor accident claim filed by Snehal Sudhir Wate, a 16-year-old student, who was a pillion rider on a Luna moped driven by her ...

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