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Bombay High Court Upholds Insurance Company's Liability in Motor Accident Claim — Composite Negligence Established. National Insurance Company held liable to pay compensation as insurer of the Tempo Trax, despite the accident being caused by a bus, due to composite negligence of both drivers.

The appellant, National Insurance Company Limited, challenged the judgment and award dated 6.12.2006 passed by the Motor Accident Claims Tribunal at G...

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Bombay High Court Dismisses State Appeal Against Acquittal of Doctors in Medical Negligence Case — Gross Negligence Not Established. Criminal liability under Section 304-A IPC requires proof of gross negligence, not mere civil negligence, and the prosecution failed to meet that standard.

The State of Maharashtra appealed against the acquittal of three doctors (respondents) by the Chief Judicial Magistrate, Kolhapur, for the offence und...

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Bombay High Court Dismisses PIL Seeking Compensation for COVID-19 Death at Jalgaon Civil Hospital, Finds No Negligence. Death due to COVID-19 does not automatically imply medical negligence; hospital followed standard protocols.

The judgment arises from a Public Interest Litigation filed by Pratibha Shinde, President of Lok Sangharsh Morcha, along with two other petitioners, s...

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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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Supreme Court Dismisses Appeal in Medical Negligence Case — No Negligence Found in Treatment and Discharge of Cancer Patient. Doctor's Decision to Administer Oral Antibiotic and Discharge Patient Held to Be Within Accepted Medical Practice Under Bolam Test.

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

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High Court of Karnataka Enhances Compensation for Death of Two Persons in Motor Accident. The court applied multiplier method with future prospects and increased interest rate to 12%.

The case involves four appeals arising from a motor accident that occurred on 22.12.2013, when a Tempo Trax bearing registration No.KA-37/9942 collide...

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Bombay High Court Awards Compensation for Medical Negligence in Municipal Hospital - Extravasation Injury Leads to Loss of Fingers. Hospital Staff's Failure to Monitor IV Line Constitutes Negligence, Municipal Corporation Held Vicariously Liable.

The petitioner, Umakant Kisan Mane, was admitted to Rajawadi Municipal Hospital on 1st October 2002 following a convulsion. An intravenous line was st...

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High Court of Karnataka Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased. Claimants' appeal for enhancement dismissed as Tribunal's assessment of income and multiplier was correct.

The case involves two appeals arising from a motor accident claim. The appellant, Karnataka State Road Transport Corporation (KSRTC), filed MFA No.138...

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High Court of Karnataka Allows SBI Appeal in Demand Draft Fraud Case — Bank Held Negligent for Confirming Non-Encashment Despite Prior Payment. SBI Bangalore's Own Negligence in Issuing Incorrect Confirmation Precludes Recovery from Collecting Bank Under Section 131 of Negotiable Instruments Act, 1881.

The appellant, State Bank of India (SBI), Bangalore branch, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, agains...