Search Results for "negligent act"

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Bombay High Court Grants Injunction in Trademark Infringement Case: 'ROFOL' vs 'PROFOL'. Prior Registration of 'ROFOL' by Plaintiff in 1992 Entitles Injunction Against Defendant's Deceptively Similar Mark 'PROFOL' Under Section 29 of Trade and Merchandise Marks Act, 1958.

The plaintiff, M/s. Neon Laboratories Limited, filed a suit for infringement and passing off against the defendants, M/s. Medical Technologies Ltd. an...

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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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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 at Goa Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Permanent Disability. Negligence of Qualis Jeep driver established; no contributory negligence by motorcycle rider; award of Rs. 10,00,000 upheld under Motor Vehicles Act, 1988.

The case arises from a motor vehicle accident that occurred on 06.02.2009. The claimant, Hemant Dabolkar, aged 35, was a Branch Manager at M/s Space O...

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High Court of Bombay at Goa Upholds Conviction for Rash Driving and Causing Grievous Hurt in Road Accident — Evidence of Eye Witnesses and Spot Panchanama Sufficient to Prove Negligence.

The applicant, Sumedh Shetye, was convicted by the Judicial Magistrate First Class, Valpoi for offences under Sections 279 and 338 of the Indian Penal...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim, Upholds Compensation for Deceased. Court holds that contributory negligence cannot be presumed and Income Tax Returns of preceding years are sufficient proof of income.

The case arises from a motor accident claim petition filed by the legal heirs of the deceased, who died in a road accident on 19.03.2018 when a traile...

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Gujarat High Court Allows Appeal in Motor Accident Claim Case Due to Inadequate Compensation for Driver's Permanent Disability. Compensation Enhanced from Rs.71,300/- to Rs.3,44,800/- for Future Loss of Income, Pain and Suffering, and Loss of Amenities Under Motor Vehicles Act, 1988.

The appellant, Jayeshkumar Ravjibhai Thummar, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and awa...

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High Court Partially Allows Appellant Appeal in Motor Accident Claim, Reduces Compensation Due to 25% Contributory Negligence of Deceased Minor Rider. Tribunal's Award Modified from Rs.11,55,000 to Rs.8,66,250 Under Motor Vehicles Act

The High Court partially allowed an appeal by NWKRTC against a Motor Accident Claims Tribunal award of Rs.11,55,000/- for the death of a 17-year-old m...