Search Results for "negligence"

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High Court of Gujarat Dismisses/Allows Appeal in Motor Accident Claim—Decision Not Captured. Composite Negligence and Quantum of Compensation Under Section 166 of the Motor Vehicles Act, 1988 Were the Key Issues.

The matter involves an appeal and cross-objections arising from the judgment and award dated 14th August 2020 passed by the Motor Accident Claim Tribu...

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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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Bombay High Court Allows Appeal in Motor Accident Claim Case — Finding of Contributory Negligence Set Aside Due to Lack of Evidence. Parents of deceased motorcyclist awarded full compensation of Rs.60,000 with interest as Tribunal's finding of contributory negligence was based on no evidence.

The appellants, parents of the deceased Shekhar Krishna Kalgutker, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking c...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Reduces Contributory Negligence Finding Against Pillion Rider. Pillion rider cannot be attributed contributory negligence for driver's fault; insurer liable for full compensation under Motor Vehicles Act, 1988.

The appeal was filed by the original claimants, the widow and minor children of the deceased Hanumant, against the judgment and order dated 13 July 19...

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Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Negligence of Maruti Van Driver Upheld. Compensation Awarded to Legal Heirs of Deceased Rider and Injured Pillion Riders Under Section 166 of Motor Vehicles Act, 1988.

The case involves three appeals filed by The New India Assurance Co. Ltd. against judgments and awards of the Claims Tribunal, Raigad, in three motor ...

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Bombay High Court Upholds Compensation Award in Motor Accident Case — Insurance Company Liable for Negligent Parking of Vehicle. Truck parked without indication on highway causing accident; insurer held jointly liable with owner for compensation under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 13th March 2009, when the respondent no.1, a minor aged 10 years, was traveling in a Tata Magic...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Reduces Contributory Negligence from 50% to 25%. Claimants awarded enhanced compensation of Rs. 11,93,000 with interest at 6% per annum under Motor Vehicles Act, 1988.

The appeal was filed by the claimants, legal representatives of the deceased Vasappa Koti, challenging the judgment and award dated 01.09.2014 passed ...

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Bombay High Court Allows Criminal Writ Petition Against Refusal to Issue Process for Medical Negligence Under Section 304A IPC. Court Finds Prima Facie Case of Rash or Negligent Act by Doctors Leading to Patient's Death.

The petitioner, Gautam Sadanshiv, filed a criminal complaint alleging medical negligence against respondent doctors (Dr. Laxmi Jawanjal, Dr. Deepak Ga...