Search Results for "Negligence"

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Bus Driver — Act of God Defence Rejected. Tribunal's finding of no negligence reversed; bus driver held negligent for sudden lane change causing accident.

The appeal arises from a motor accident claim filed by Rajesh Shantilal Sejpal (since deceased, represented by legal heirs) under Section 173 of the M...

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Supreme Court Upholds Medical Negligence Finding Against Hospital and Doctors for Failure to Conduct ROP Screening on Preterm Baby Leading to Blindness. Compensation Enhanced for Child's Total Blindness Due to Negligent Omission of Mandatory Retinopathy of Prematurity Check-Up.

The case arises from a consumer complaint alleging medical negligence against Maharaja Agrasen Hospital and its doctors for failing to conduct mandato...

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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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Supreme Court Allows Appeal in Medical Negligence Case Due to Lack of Monitoring in Dengue Treatment. Failure to Monitor Hematocrit and Platelet Levels Constitutes Negligence Despite Following Fluid Protocol.

The case pertains to a medical negligence claim arising from the death of Madhu Manglik, the spouse of the appellant Arun Kumar Manglik, who was admit...

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High Court of Bombay Partially Allows Appeal by Pune Municipal Corporation in Motor Accident Claim, Reduces Compensation Due to Contributory Negligence of Deceased. The Court held that the deceased was 50% contributory negligent for the accident, modifying the Tribunal's 25% deduction.

The Pune Municipal Corporation appealed against the judgment and award of the Motor Accidents Claim Tribunal, Pune, in Claim Petition No.581 of 2014, ...

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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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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 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 Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's contributory negligence assessed at 50% for sitting on the footboard of a bus, reducing insurer's liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the claimant, Gulam Mohammad, sustained injuries while traveling as a passenger in a bus owned by Ka...