Search Results for "negligence"

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Gujarat High Court Allows Appeal in Motor Accident Claim Under Section 163A MV Act — Negligence Assessment Not Permissible Under No-Fault Liability Scheme. Claimants Entitled to Full Compensation Without Deduction for Contributory Negligence.

The present appeal arises from a judgment and award dated 28.06.2017 passed by the Motor Accident Claims Tribunal (Main), Aravalli at Modasa in MACP N...

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High Court Allows Appeal in Motor Accident Claim; Sets Aside Finding of Negligence Under Section 163-A of Motor Vehicles Act. Compensation Enhanced as Negligence Defense Not Available in No-Fault Claims Under Section 163-A.

This appeal arose from a claim petition filed by the dependants of a lorry driver who died in a road accident. The deceased, Saleth Raj, was driving h...

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High Court of Gujarat Allows Appeal in Motor Accident Claim — Negligence of Truck Driver Established, Tribunal Erred in Holding Deceased Negligent. Claimants entitled to compensation under Motor Vehicles Act, 1988 as the accident was caused solely by the rash and negligent driving of the truck driver.

The case arises from a motor accident that occurred on 27.09.1994, when the deceased, Arvindbhai Shankarlal Patel, was driving his jeep to Chanasma. A...

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High Court of Bombay at Goa Dismisses Insurer's Appeal in Motor Accident Claim — Negligence Finding Upheld. The Court held that the Tribunal's finding on negligence was not perverse and contributory negligence was not proved by the insurer.

The case arises from a motor accident on 17.01.2021 where Mario Bernard Fernandes (Bernard), riding an Activa scooter, collided with a Toyota Qualis i...

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Supreme Court Upholds NCDRC Order Exonerating Hospital and Doctor in Medical Negligence Case — No Negligence Found in Treatment and Discharge of Cancer Patient. Bolam Test Applied: Doctor Not Negligent If Acting in Accordance with Practice Accepted by a Reasonable Body of Medical Men.

The appellant, Vinod Jain, filed a consumer complaint alleging medical negligence against Santokba Durlabhji Memorial Hospital and Dr. R.K. Bhandari a...

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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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Madras High Court Dismisses Insurance Company's Appeal in Motor Accident Case — Negligence of Car Driver Upheld Due to Lack of Evidence on Contributory Negligence. Claimant's Unrebutted Evidence Sufficient to Sustain Award Under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 17.03.2018 at about 9:15 p.m. The deceased, a Superintendent in the office of the Chief Conserv...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Truck Driver Proved. Claimants entitled to compensation under Motor Vehicles Act, 1988 as the truck driver's rash driving caused the accident.

The present appeal was filed by Bharti AXA General Insurance Co Ltd, the insurer of the truck involved in the accident, challenging the judgment and a...

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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Criminal Intent. Complaint under Section 338 IPC fails as essential ingredients of grievous hurt by rash or negligent act not established without expert evidence.

The petitioner, a practicing ophthalmologist, challenged the judgment of the Additional Sessions Judge, Pune, which upheld the Magistrate's order issu...