Search Results for "rashness and negligence"

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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 Acquits Bus Driver in Rash Driving Case Due to Lack of Evidence of Negligence. Conviction under Sections 279 and 304-A IPC set aside as sole eyewitness did not testify that the bus was driven rashly or negligently.

The applicant, Shivaji Damodar Karne, a bus driver employed with BEST, was convicted by the trial court (28th Esplanade Court, Mumbai) in CC No.40/P/9...

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Bombay High Court Quashes FIR Against Doctors in Medical Negligence Case — No Prima Facie Case Under Section 304A IPC. Allegations of Rash or Negligent Act Not Made Out as Treatment Was Given in Good Faith and No Gross Negligence Established.

The Bombay High Court at Nagpur Bench heard two criminal applications filed by Dr. Pradeep Sadashiv Wankhede and Dr. Abhishek Vasantrao Sondawale, bot...

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Bombay High Court Allows Criminal Writ Petition Against Refusal to Issue Process for Medical Negligence Under Section 304A IPC. Court Finds Prima Facie Case of Rash or Negligent Act by Doctors Leading to Patient's Death.

The petitioner, Gautam Sadanshiv, filed a criminal complaint alleging medical negligence against respondent doctors (Dr. Laxmi Jawanjal, Dr. Deepak Ga...

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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...

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High Court of Bombay at Goa Dismisses Appeal in Motor Accident Claim — Parents Fail to Prove Negligence and Income of Deceased Son. Claim for Compensation Dismissed as Claimants Did Not Establish Rash and Negligent Driving or Deceased's Employment and Income Under Motor Vehicles Act, 1988.

The appellants, K. J. Mohammad and Smt. Saramma, parents of a deceased 22-year-old son, filed a claim petition under the Motor Vehicles Act, 1988, see...

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Bombay High Court Dismisses State Appeal Against Acquittal in Rash Driving Case — No Evidence of Negligence. Acquittal upheld as prosecution failed to prove rash or negligent driving under Sections 279, 304-A, 338 IPC and Section 184 Motor Vehicles Act, 1988.

The State of Maharashtra appealed against the acquittal of Mahadeo Siddhappa Ghali, a bus driver, by the Judicial Magistrate First Class, Miraj. The a...