Search Results for "negligence"

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Bombay High Court Acquits Doctor in Medical Negligence Case Due to Lack of Gross Negligence. Death During Surgery Not Sufficient for Criminal Liability Under Section 304A IPC Without Proof of Recklessness.

The case arises from the death of Prakash Parekh, a young man who underwent a surgical procedure performed by Dr. Anil Pinto on 20/02/1984. The compla...

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High Court of Gujarat Dismisses GSRTC Appeal in Motor Accident Claim — Negligence of ST Bus Driver Proved, No Contributory Negligence by Motorcyclist. Compensation of Rs.13,52,890/- with 9% interest upheld as just and proper under Motor Vehicles Act, 1988.

The Gujarat State Road Transport Corporation (GSRTC) appealed against the judgment and award dated 30.04.2018 passed by the Motor Accident Claims Trib...

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Supreme Court Dismisses Hospital's Appeal Against NCDRC Order Exonerating Insurer in Medical Negligence Case. Insurance Policies Taken by Doctors Cannot Be Used to Fasten Liability on Insurer for Hospital's Own Negligence.

The appellant, M/s Sheth M L Vaduwala Eye Hospital, a charitable trust registered under the Bombay Public Trust Act, 1961, conducted an eye camp betwe...

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Madras High Court Enhances Compensation for Injured Claimants in Motor Accident Case, Upholds Negligence Finding Against Insurer. Compensation for father and son enhanced based on medical expenses, loss of earning capacity, and future medical expenses under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on June 30, 2018, at about 21:30 hours, when a father and son duo were riding their TVS XL Motorcy...

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Gujarat High Court Dismisses Insurance Appeal in Motor Accident Case, Upholds 50:50 Contributory Negligence Apportionment. Both ST Bus and Truck Drivers Found Negligent Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 12.01.2007 when an ST bus (GJ-18-V-8903) driven rashly rammed into a stationary truck (GJ-7-X-6523) parked wi...

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Gujarat High Court Reduces Contributory Negligence from 30% to 10% in Motor Accident Claim — Enhances Compensation for Partial Permanent Disability. Held that mere presence of motorcycle on the wrong side does not automatically fix contributory negligence without evidence of proximate cause.

The appellant, Vijaybhai Vikrambhai Sadmiya, was the original claimant in a motor accident claim petition arising from an accident on 23.08.2016. Whil...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Deceased Owner of Lath Machine. Tribunal's assessment of income at Rs.15,000 per month and finding of sole negligence on driver of offending vehicle upheld.

The appellant, United India Insurance Company Limited, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and...

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Bombay High Court Dismisses MSRTC Appeal in Motor Accident Claim — Negligence of ST Bus Driver Proved. Deceased conductor died due to rash driving of ST bus; Tribunal's compensation award upheld.

The case arises from a motor accident claim filed by the legal heirs of Devidas Dhangare, a conductor of a Maharashtra State Road Transport Corporatio...

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Supreme Court Allows Owner's Appeal in Vicarious Liability Case Due to Lack of Employer Authorization. Unauthorized Driver Taking License Test Not Acting Within Course of Employment Absolves Owner from Liability Under Tort Law.

The dispute arose from a personal injury caused by a motor vehicle accident. The respondent, Santanuprasad Jaishankar Bhatt, was injured when a taxi o...