Search Results for "Negligence standard"

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Bombay High Court Awards Compensation to Widow and Children for Death of Patient in Mental Hospital Due to Negligence. State Held Vicariously Liable for Failure to Provide Adequate Staff and Security at Yerwada Mental Hospital.

The petitioners, the widow and two children of a deceased man, filed a writ petition seeking compensation from the State of Maharashtra and its office...

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Gujarat High Court Allows Appeal in Motor Accident Claim for Pillion Rider Injured in Tractor Collision — Tribunal's Deduction for Contributory Negligence Set Aside as No Evidence of Rider's Fault.

The appellant, Rupasangji Ravaji Thakor, was a pillion rider on a motorcycle when a tractor driven rashly and negligently dashed into the motorcycle f...

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High Court of Karnataka Quashes FIR Against BESCOM Engineers in Negligence Case — Lack of Prima Facie Evidence of Rash or Negligent Act. Section 304A IPC requires proof of gross negligence directly causing death, not mere failure of duty.

The petitioners, Sri Sreeramu V. and Subramanya T., who are Executive Engineer and Assistant Executive Engineer respectively at BESCOM's Whitefield Di...

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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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Bombay High Court Partly Allows Appeal by MSRTC Reducing Compensation in Motor Accident Claim Due to Contributory Negligence and Multiplier Error. Claimants' compensation reduced from Rs. 7,50,000 to Rs. 5,00,000 as deceased was 50% contributorily negligent and multiplier of 13 was corrected to 12.

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Jalna, in MACP No. 01/2013, awarding compensation of Rs. 7,50,000 to the clai...

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Bombay High Court Dismisses Petition of Chief Manager Challenging Disciplinary Action for Accepting Forged Bank Guarantee. Reduction in Pay Scale Upheld as Not Disproportionate to Misconduct of Violating CMC Manual Guidelines.

The petitioner, Rajendraprasad Shukla, was working as Chief Manager (Finance) at Western Coalfields Limited (WCL), a subsidiary of Coal India Limited....

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Bombay High Court Dismisses Petition of Chief Manager Challenging Disciplinary Action for Accepting Forged Bank Guarantee. Reduction in Pay Scale Upheld as Misconduct Proven Under CMC Manual.

The petitioner, Rajendraprasad Shukla, was employed as Chief Manager (Finance) at Western Coalfields Limited (WCL), a subsidiary of Coal India Limited...

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Bombay High Court Dismisses Plaintiff's Claim for Short Delivery of Urea Due to Lack of Title to Sue Under Bill of Lading. Plaintiff Not a Party to Bill of Lading and Cannot Maintain Admiralty Action for Short Landing.

The plaintiff, Dreymoor Fertilizers Overseas Pte. Ltd., filed an admiralty suit against the vessel m.v. Theoforos-1 claiming short delivery of 520.30 ...

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Bombay High Court Quashes Criminal Proceedings Against Medical Student in Rash Driving Case — Lack of Evidence of Negligence. FIR and Chargesheet under Sections 279, 337, 338 IPC and Section 184 Motor Vehicles Act, 1988 quashed as no prima facie case of rash or negligent driving established.

The applicant, Dr. Nidhi Suresh Kharabe, a 26-year-old medical student, filed a criminal application under Section 482 of the Code of Criminal Procedu...