Search Results for "negligent act"

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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...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's failure to produce valid driving licence and negligence in driving led to reduction of compensation by 50%.

The case involves two appeals filed by the Oriental Insurance Co. Ltd. against the judgment and award dated 03.10.2009 passed by the Civil Judge (Sr.D...

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Bombay High Court Allows Insurance Appeal and Sets Aside Insurer’s Liability in Pillion Rider Death Claim. Pillion Rider Held Not a Third Party Under Act-Only Policy; Insurer Entitled to Recover Compensation from Vehicle Owner and Driver.

The case arose out of a motor accident claim petition filed by the legal representatives of the deceased pillion rider. The deceased, Shaikh Laikoddin...

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Bombay High Court Dismisses Petition Against Civil Suit for Medical Negligence Despite Prior Consumer Forum Dismissal. Principle of Res Judicata Not Applicable to Consumer Forum Decisions Under Section 9 of Consumer Protection Act, 1986.

The case involves a dispute over medical negligence leading to the death of a baby boy. The respondents (parents) initially filed a complaint before t...