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High Court of Karnataka Allows Appeal in Motor Accident Claim — Dog on Road Constitutes 'Act of God' Not Negligence. Claimant's Wife Died After Motorcycle Fell Due to Sudden Appearance of Dog; Tribunal Erred in Holding Claimant as Owner of Borrowed Vehicle Under Section 163A of Motor Vehicles Act, 1988.

The appellant, Shri Vithal, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988, seeking compensation for the death of his wife ...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Rejection of Petition Under Section 163A MV Act — Claimants Entitled to Compensation as Per Structured Formula Despite Alleged Contributory Negligence.

The appellants, Ashabai, Seema, and Umesh, are the legal representatives of the deceased Kalyan Kothi. They filed a claim petition under Section 163A ...

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Bombay High Court Allows Discharge Petition in Medical Negligence Case Under Section 304A IPC — Lack of Material to Show Rash or Negligent Act. Court holds that death during anaesthesia without evidence of gross negligence does not constitute culpable homicide not amounting to murder.

The petitioner, Dr. Suvarna Arjun Jaybhaye, a medical practitioner with an MBBS degree and a diploma in Anaesthesia, was the accused in S.C.C. No. 965...

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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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Bombay High Court Partially Allows Insurance Appeal and Dismisses Cross Objections in Motor Accident Claim — Reduces Compensation for Contributory Negligence. Deceased's contributory negligence assessed at 40% upheld, but compensation reduced under certain heads.

The case arises from a motor accident on 19th February 2010 on the Pune-Mumbai Express Highway. The deceased, Jignesh Parekh, was driving his car when...

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High Court of Bombay at Goa Acquits Appellant in Rash Driving Case Due to Lack of Evidence of Rashness or Negligence. Conviction under Sections 279, 304-A IPC and Motor Vehicles Act set aside as prosecution failed to prove that the accused drove in a rash or negligent manner causing death.

The appellant, Sagar Lolienkar, was convicted by the Additional Sessions Judge, South Goa, Margao, for offences under Sections 279 (rash driving) and ...

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Bombay High Court Partially Allows Insurance Appeal in Motor Accident Claim — Reduces Interest Rate from 7.5% to 6% Per Annum. No Contributory Negligence Found as Tribunal's Finding of Negligence on Part of Xylo Driver Was Based on Evidence and Not Shown to Be Perverse.

The appeal was filed by Reliance General Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment dated 3...

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Bombay High Court Upholds Insurance Company's Liability in Motor Accident Claim — Composite Negligence Established. National Insurance Company held liable to pay compensation as insurer of the Tempo Trax, despite the accident being caused by a bus, due to composite negligence of both drivers.

The appellant, National Insurance Company Limited, challenged the judgment and award dated 6.12.2006 passed by the Motor Accident Claims Tribunal at G...