Search Results for "Rashness and Negligence"

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High Court of Bombay at Goa Dismisses Revision Against Conviction for Rash Driving and Causing Death by Negligence. Conviction under Sections 279 and 304-A IPC Upheld Based on Consistent Eyewitness Testimony and Medical Evidence.

The petitioner, Domnic Luis, was convicted by the Judicial Magistrate, First Class, Margao, for offences under Sections 279 (rash driving) and 304-A (...

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High Court of Karnataka Acquits Accused in Fatal Road Accident Case Due to Lack of Evidence of Rash or Negligent Driving. Conviction under Sections 279, 338, and 304-A IPC Set Aside as Prosecution Failed to Prove Guilty Mind Beyond Reasonable Doubt.

The revision petitioner, Manasing Tukaram Lamani, was the accused in C.C. No. 208/2011 before the Principal Civil Judge and JMFC, Bagalkot. He was con...

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Bombay High Court Dismisses Revision Against Conviction for Rash Driving Causing Death of Two Children. Concurrent findings of fact by trial and appellate courts under Sections 279, 304-A IPC and Section 184 Motor Vehicles Act upheld as not perverse.

The applicant, Shamrao Arma, was convicted by the trial court for offences under Sections 279 (rash driving) and 304-A (causing death by negligence) o...

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Bombay High Court Allows Appeal in Railway Accident Claim — Sets Aside Tribunal's Finding of Rashness. Death of Passenger Falling from Train at Station Held to be 'Untoward Incident' Under Section 124A of the Indian Railways Act, 1989.

The appellants, being the widow and sons of the deceased Vikram Darkonde, filed a claim application before the Railway Claims Tribunal seeking compens...

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Bombay High Court Dismisses State Appeal in Swimming Pool Drowning Case — Acquittal Upheld for Lack of Proof of Rash or Negligent Act. Section 304A IPC requires direct causal link between a positive act of rashness or negligence and death; mere omission or lack of supervision not sufficient.

The State of Maharashtra appealed against the judgment and order dated 30.01.2009 passed by the Judicial Magistrate, First Class (Court No.8), Akola i...

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High Court of Karnataka Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Prima Facie Evidence. Section 304(A) IPC Proceedings Set Aside as Complaint Did Not Disclose Essential Ingredients of Rash or Negligent Act Causing Death.

The petitioner, Dr. Rajeshwari, a medical practitioner, sought quashing of the order dated 19.08.2013 passed by the JMFC-II, Raichur, in FIR No.669/20...

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Bombay High Court Upholds Driver's Negligence in Fatal Motorcycle-Bicycle Accident and Enhances Compensation Under Motor Vehicles Act, 1988. Tribunal's Award Modified by Adding 15% Future Prospects and Conventional Heads as per National Insurance Co. Ltd. v. Pranay Sethi, 2017.

The appeal arose from a fatal road accident that occurred on 30.04.2007 at about 17.00 hrs involving a Bajaj Pulsar motorcycle bearing registration No...

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High Court of Gujarat Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 70% to 30% Based on Lack of Evidence. Claimant Driver Injured in Head-On Collision; Tribunal's Finding of Self-Negligence Set Aside as No Material to Show Rash Driving by Claimant.

The appellant, Chaudhary Prakeshbhai Nathabhai, was the original claimant in a motor accident claim petition before the Motor Accident Claims Tribunal...