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Search Results for "medical negligence"

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High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Appreciation of Evidence — Permanent Disability from Fracture Injuries Established. Court holds that the Tribunal erred in dismissing the claim petition despite evidence of rash and negligent driving and permanent disability under the Motor Vehicles Act, 1988.

16 Jun 2017

The appellant, original claimant before the Motor Accidents Claims Tribunal (MACT), Mapusa, filed an appeal challenging the judgment and award passed ...

High Court

Karnataka High Court Quashes Warning to Doctor in Medical Negligence Case — Procedural Breach in Angioplasty Not Sufficient for Disciplinary Action. The court held that the Karnataka Medical Council's warning was disproportionate and not supported by evidence, violating natural justice.

14 Jan 2022

The petitioner, Dr. Ganesh Nayak, a medical practitioner, challenged the order dated 07.05.2009 passed by the Karnataka Medical Council (second respon...

Supreme Court

Supreme Court Upholds Compensation Award in Medical Negligence Case Under Consumer Protection Act, 1986. The Court found deficiency in service due to inadequate post-operative monitoring and delayed intervention in treating a patient with aortic aneurysm, leading to death and warranting compensation.

30 Nov 2021

The dispute arose from a complaint filed by the legal heirs of a deceased patient, Dinesh Jaiswal, against Bombay Hospital & Medical Research Centre a...

High Court

Madras High Court Partly Allows Insurance Company's Appeal and Claimant's Cross-Appeal in Motor Accident Claim — Negligence and Quantum Reassessed. Tribunal's finding of negligence against the insured driver was upheld, but contributory negligence was not established; compensation enhanced from Rs. 10,50,000 to Rs. 14,50,000 with 7.5% interest.

17 Feb 2026

The case arises from a motor accident that occurred on 05.03.2023 when the claimant, Ramamoorthy, a 52-year-old mason, was walking on the road and was...

High Court

Madras High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable Despite Lack of Negligence Proof. The court held that the insurer is liable to pay compensation as the vehicle was involved in the accident, applying the principle of res ipsa loquitur under the Motor Vehicles Act, 1988.

1 Jun 2026

The case involves two appeals filed by the United India Insurance Company challenging the liability fastened on it in respect of an accident involving...

High Court

High Court of Karnataka Enhances Compensation for Death in Motor Vehicle Accident, Upholds Negligence Finding Against Insurer. The court applied multiplier of 18 and 40% future prospects, reducing interest from 12% to 6%.

11 Aug 2023

The case arises from a motor vehicle accident that occurred on 20.03.2016, when a jeep bearing registration No.KA-33/M-5656, driven by its owner Mahad...

Supreme Court

Supreme Court Allows Complainant's Appeal in Medical Negligence Case Under Consumer Protection Act, 1986, Modifying Interest Rate and Imposing Costs for Misrepresentation. The court affirmed compensation of Rs. 2 Lakhs with 12% interest, holding that medical negligence was established as per Medical Council of India's final order, and set aside ex parte order based on false representation.

29 Jan 2024

The dispute arose from a consumer complaint filed by P.C. Jain against Dr. R.P. Singh for medical negligence, alleging loss of vision in his left eye ...

Supreme Court

Supreme Court Upholds NCDRC Order on Medical Negligence Compensation but Leaves Jurisdictional Issue Open. The Court affirmed the award against Safdarjung Hospital due to the small compensation amount and lack of factual challenge, while clarifying that the question of jurisdiction under Section 2(1)(o) of the Consumer Protection Act, 1986, remains undecided for future cases.

23 Jul 2020

The appeal arose from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 7 October 2016, which held Safdarjung Hospital lia...

Supreme Court

Supreme Court Allows Appeals of Legal Heirs of Deceased Doctor in Medical Negligence Case — Revision Petition Abates on Death of Doctor. Right to Sue for Medical Negligence Does Not Survive Against Legal Heirs Under Section 306 of Indian Succession Act, 1925 as Personal Injury Action Extinguishes with Death of Alleged Tortfeasor.

4 May 2026

The case arose from a medical negligence complaint filed in 1997 against Deceased, alleging deficiency in service for an eye operation performed in 19...

High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim Under Section 163-A of Motor Vehicles Act, 1988 — Negligence of Claimant Not a Bar to Claim Under No-Fault Liability. The court held that Section 163-A is a no-fault provision and the Tribunal erred in dismissing the claim on grounds of contributory negligence.

12 Jan 2026

The case arises from a motor accident claim filed by Shashikant Manubhai Bhatti (since deceased, represented by legal heirs) under Section 163-A of th...

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