Search Results for "negligence"

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Search Results for "negligence"

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High Court

Bombay High Court Allows Appeal in Motor Accident Claim Under Section 163A MV Act — No Fault Liability Principle Precludes Defence of Victim's Negligence. The Court held that the defence of wrongful act or neglect of the victim is not available in proceedings under Section 163A of the Motor Vehicles Act, 1988, as the provision is a complete code based on no fault liability.

6 Feb 2014

The appeal arises from a judgment and award dated 15th June 2010 passed by the Motor Accident Claims Tribunal, Mumbai in M.A.C.P. No. 2554 of 1995. Th...

High Court

High Court of Karnataka Quashes Charge Sheet Against Teachers in Student Death Case Due to Lack of Criminal Negligence. Section 304A IPC requires gross negligence and direct causation, not mere accident or civil liability.

31 Jan 2019

The petitioners, teachers and the secretary of Mother Theresa School, sought quashing of the charge sheet in C.C. No.1505/2012 pending before the Prin...

High Court

High Court of Gujarat Allows Appeal, Sets Aside Contributory Negligence Finding and Enhances Compensation in Motor Accident Claim. Rear-End Collision Presumption Applied Under Section 166 of Motor Vehicles Act, 1988.

25 Feb 2026

The appellant, Dilipkumar Bhailalbhai Thakkar, filed a first appeal against the judgment and award dated 16.10.2012 of the Motor Accident Claims Tribu...

High Court

High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — No Contributory Negligence Found. Tribunal's Award of Rs.39,80,000/- Upheld as Findings Were Based on Evidence and Not Perverse Under Section 173 of Motor Vehicles Act, 1988.

11 Feb 2026

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by Reliance General Insurance Co. Ltd., the appellant, challengin...

High Court

High Court of Gujarat Allows Appeal of Injured Minor Pillion Rider in Motor Accident Case — Negligence Apportionment Set Aside and Compensation Enhanced. The Court held that a pillion rider cannot be held guilty of contributory negligence in a case of composite negligence under the Motor Vehicles Act, 1988, and enhanced compensation from Rs. 1,80,000/- to Rs. 3,50,000/-.

17 Feb 2026

The case involves a minor pillion rider, Divya Kantibhai Vankar, who sustained grievous injuries in a motor accident on 09.02.2015 when a Mahindra Pic...

High Court

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.

6 Oct 2015

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

High Court

Bombay High Court Quashes Criminal Proceedings Against Medical Student in Rash Driving Case — Lack of Evidence of Negligence. FIR and Chargesheet under Sections 279, 337, 338 IPC and Section 184 Motor Vehicles Act, 1988 quashed as no prima facie case of rash or negligent driving established.

11 Jul 2011

The applicant, Dr. Nidhi Suresh Kharabe, a 26-year-old medical student, filed a criminal application under Section 482 of the Code of Criminal Procedu...

High Court

Bombay High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to 50% Contributory Negligence of Deceased Driver. Apportionment of Liability Based on Evidence of Wrong-Side Driving, Reducing Award from Rs.24,84,480 to Rs.12,42,240 with 6% Interest.

17 Jul 2023

The case arises from a motor accident claim petition filed by the legal heirs of Ashok Thorat (deceased) under Section 166 of the Motor Vehicles Act, ...

High Court

Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's failure to prove income and contributory negligence of both drivers led to reduction of award from Rs. 3,00,000 to Rs. 1,50,000.

6 Dec 2019

The case involves an appeal by The Oriental Insurance Company Ltd. against the judgment and award dated 31.10.2017 passed by the Motor Accident Claims...

High Court

Bombay High Court Quashes FIR Against Doctors in Medical Negligence Case — No Prima Facie Case Under Section 304A IPC. Allegations of Rash or Negligent Act Not Made Out as Treatment Was Given in Good Faith and No Gross Negligence Established.

6 Jul 2017

The Bombay High Court at Nagpur Bench heard two criminal applications filed by Dr. Pradeep Sadashiv Wankhede and Dr. Abhishek Vasantrao Sondawale, bot...

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