Search Results for "negligent act"

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Bombay High Court Examines Insurer's Defense in Motor Accident Compensation Case Based on Incompatible Driving License. Insurer Relies on Section 149(2)(a)(ii) of Motor Vehicles Act, 1988, Arguing Driver's Light Motor Vehicle License Was Invalid for Heavy Goods Vehicle Involved.

The appeal arose from a motor accident claim in which the parents of a seven-year-old girl, who died after being hit by a truck while returning from s...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Vehicle Accident Case — Liability Discharged Due to Violation of Permit Conditions. Tractor Trailer Used for Agricultural Purpose Carrying Manure Held Not Covered Under Insurance Policy as It Was Not Used for Agricultural Operation.

The appeal was filed by the National Insurance Co. Ltd. challenging the judgment and award dated 06.01.2016 passed by the Senior Civil Judge, Gubbi, i...

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High Court of Gujarat Allows Second Appeal in Canal Collapse Damage Case — Negligence of Irrigation Department Established Despite Financial Constraints. Panchnama Prepared by Talati-cum-Mantri Held Admissible as Evidence Under Section 100 CPC.

The appellant, Patel Govindbhai Vasharambhai, filed a suit for damages of Rs.55,000 with 18% interest against the District Panchayat Surendranagar and...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Cases — Upholds Compensation for Death of Pillion Rider and Injuries to Others. Held that insurer is liable to pay compensation as the vehicle was insured and the accident occurred due to rash and negligent driving.

The case involves three first appeals filed by Bajaj Allianz General Insurance Co. Ltd. against the common judgment and award of the Motor Accident Cl...

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim for Death of Passenger in Goods Carriage. The court held that the insurer is liable under Section 147 of the Motor Vehicles Act, 1988, as the policy covered all occupants of the goods vehicle.

The case involves an appeal by IFFCO Tokio General Insurance Company Limited against the award of the Motor Accident Claims Tribunal. The deceased, Ma...

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Supreme Court Restores MACT Award in Motor Accident Claim — High Court's Summary Reversal Set Aside for Lack of Evidence Appreciation. First Appeal Under Section 173 of Motor Vehicles Act, 1988 Requires Careful Marshalling of Evidence, Not Cryptic Orders.

The present appeal arises from a motor accident claim where the deceased, Chakradhar Dubey, an Assistant Post-Master, died after a truck hit the car h...

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Supreme Court Upholds Medical Negligence Finding Against Hospital and Doctors for Failure to Conduct ROP Screening on Preterm Baby Leading to Blindness. Compensation Enhanced for Child's Total Blindness Due to Negligent Omission of Mandatory Retinopathy of Prematurity Check-Up.

The case arises from a consumer complaint alleging medical negligence against Maharaja Agrasen Hospital and its doctors for failing to conduct mandato...

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Bombay High Court Allows Appeal in Employees' Compensation Case — Insurance Company Held Liable for Tractor Accident. Employer-Employee Relationship Established Despite Absence of Written Contract, and Insurance Company Cannot Escape Liability for Breach of Policy Conditions Without Proper Evidence.

The present appeal was filed under Section 30 of the Employees' Compensation Act, 1923, by the claimants (widow and minor sons of the deceased Vasanta...

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Bombay High Court Enhances Compensation for Motor Accident Victim with Amputated Hand - Tribunal's Assessment of Disability and Income Revised Upward. Functional disability assessed at 100% for a motor mechanic whose left hand was amputated, with 40% future prospects added under Motor Vehicles Act, 1988.

The appellant, Randhir Rambrij Sharma, a motor mechanic aged about 35 years, sustained severe injuries in a motor vehicle accident on 25 April 2000 wh...

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High Court of Karnataka Enhances Compensation for Death of Two Persons in Tractor-Trailer Accident. Motor Accident Claims Tribunal's award modified by applying correct multiplier and adding future prospects under Motor Vehicles Act, 1988.

The case arises from a motor vehicle accident that occurred on 28.04.2015 involving a tractor-trailer bearing registration No. KA-28/T-5533-5534, whic...