Search Results for "negligence"

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Despite Ticket Irregularity. Death of passenger due to fall from train held to be an 'untoward incident' under Section 124A of the Railways Act, 1989, and claimants entitled to compensation.

The case involves an appeal filed by the legal representatives of the deceased, Syed Zafroddin, against the dismissal of their claim for compensation ...

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Negligence Proved by Charge-Sheet and Income Assessed Notionally. The Court upheld the Tribunal's award of Rs. 7,92,000 to the dependents of the deceased, finding no error in the assessment of negligence or income.

The appeal arises from a motor accident claim where the deceased, Rajeshwar, died in a vehicular accident on 27 January 2015. The claimants, being his...

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Madras High Court Allows State Appeal in Cauvery River Drowning Case — No Compensation for Deaths Due to Quicksand in Riverbed. Court Holds That Deaths Occurred in a Natural River Course and Not Due to Any Negligence or Omission by State Authorities, Reversing Single Judge's Award of Compensation.

The case involves three writ appeals filed by the State of Tamil Nadu against a common order of a learned Single Judge of the Madras High Court, which...

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Madras High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income and Negligence. Claimants failed to establish the income of the deceased teacher and the rash and negligent driving of the offending vehicle, leading to reduction in award.

The case involves a Civil Miscellaneous Appeal filed by the Insurance Company under Section 173 of the Motor Vehicles Act, 1988, challenging the award...

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Madras High Court Adjudicates Insurance Company's Appeal Against Motor Accident Compensation Award. The Appeal, Filed Under Section 173 of the Motor Vehicles Act, 1988, Questions the Quantum of Compensation for the Death of a Zomato Delivery Rider in a Road Accident.

This is an excerpt from a judgment of the Madras High Court. The appeal was preferred by the insurance company challenging the quantum of compensation...

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Madras High Court Adjudicated Insurer's Appeal Against MACT's Compensation Award for Leg Amputation in Truck Accident; Insurer Argued Negligence Not Proven and Policy Coverage Limited to Driver.

The appeal arose from an award passed by the Motor Accidents Claims Tribunal, Perambalur, in M.C.O.P. No. 139 of 2018 dated May 25, 2022. The claimant...

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Madras High Court Dismisses Appeal for Enhanced Compensation in Electrocution Death; Directs Appellants to Approach Civil Court. Fixed Compensation Paid by Electricity Board Does Not Bar Civil Remedy; Writ Court Cannot Determine Compensation Under Motor Vehicles Act Without Trial on Negligence.

The matter arose from a writ appeal filed by the legal heirs of one Ramasamy, who died due to electrocution on 14.11.2022. The appellants had earlier ...

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High Court of Bombay at Goa Dismisses Writ Petition Against Restoration of Suit Dismissed for Default. Restoration Order Upheld as Default Not Due to Negligence; Postal Discrepancy Found Irrelevant Under Article 227 of the Constitution of India.

The dispute arose from a civil suit filed by respondent no.1, Dickson Almeida, seeking a declaration that a Gift Deed dated 17/12/1996 was null and vo...

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Bombay High Court Dismisses Employee's Writ Petition Against Termination for Misconduct in Fatal Bus Accident. No breach of natural justice found as service regulations permitted same officer to conduct inquiry and impose punishment, and inquiry was fair.

The petitioner, employed as a bus driver with the Maharashtra State Road Transport Corporation since 1988, was driving a State Transport bus on 10 May...