Search Results for "negligence"

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Gujarat High Court Allows Appeal in Motor Accident Claim — Negligence Deduction Set Aside and Compensation Enhanced. Pillion Rider Not Liable for Contributory Negligence; Income Reassessed with Future Prospects Under Motor Vehicles Act, 1988.

The appellant, Vinubhai Dayabhai Pansuriya, was a pillion rider on a motorcycle when a Maruti car driven by respondent no.1 in a rash and negligent ma...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — No Contributory Negligence by Deceased Driver. Insurer Failed to Prove Negligence of Deceased in Head-On Collision with Tempo; MACT Award of Rs. 71,36,917 Upheld.

The case arises from a motor accident claim filed by the respondents (claimants) being the legal heirs of Sudam Auti, who died in a head-on collision ...

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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Prima Facie Case Under Section 304-A IPC. FIR and charge-sheet quashed as no expert opinion obtained to establish medical negligence.

The applicant, Dr. Pramod Yashwantrao Gurjar, an Obstetric and Gynecology Surgeon, performed a cesarean surgery on Smt. Kanchan Atul Kulkarni on 06.03...

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Bombay High Court Allows Appeal in Motor Accident Claim — Negligence of ST Bus Driver Established. Compensation Enhanced from Rs. 1,08,000 to Rs. 3,24,000 with 6% Interest.

The appellants, being the parents and minor brother of the deceased Jakir Tamboli, filed a claim for compensation under the Motor Vehicles Act, 1988, ...

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Bombay High Court Quashes FIR Against Doctors in Medical Negligence Case Due to Lack of Criminal Intent. Section 304 IPC Not Attracted as Allegations Do Not Disclose Culpable Homicide; Civil Liability May Exist but Criminal Prosecution Requires Gross Negligence with Mens Rea.

The applicants, Dr. Ashok Saklecha and Dr. Sarika Saklecha, medical practitioners, filed an application under Section 482 of the Code of Criminal Proc...

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High Court of Karnataka Quashes Charge Sheet Against Teachers in Student Death Case Due to Lack of Criminal Negligence. Section 304A IPC Not Attracted as Death Was Accidental and Not Attributable to Any Rash or Negligent Act of the Accused.

The case pertains to a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) by eight petitioners, who were teacher...