Search Results for "negligence"

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High Court of Judicature at Bombay Allows Appeal in Motor Accident Claim — Tribunal Erred in Dismissing Injury Claim for Lack of Evidence. Claimant's testimony and medical evidence sufficient to prove disability and loss of earning capacity under Motor Vehicles Act, 1988.

The appellant, Satling Gangadhar Bagal, an ex-serviceman aged 49 years, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation...

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High Court Upholds Conviction of Truck Driver for Causing Death by Negligence — Evidence of Eye-Witness and Spot Panchanama Sufficient. Rear Wheel of Truck Passed Over Deceased's Head, Proving Rash Driving Under Sections 279 and 304-A IPC.

The applicant-accused, Mahendra Madhukar Jagdale, a truck driver, was convicted by the Judicial Magistrate First Class, Pathardi, in S.C.C. No. 225 of...

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Bombay High Court Allows Appeal in Railway Accident Claim — Death of Passenger Due to Fall from Train Held Untoward Incident. Mother of Deceased Entitled to Compensation Under Section 124-A of the Railways Act, 1989 as Negligence Not a Defence.

The appeal was filed by the mother of the deceased, Dinesh, challenging the judgment of the Railway Claims Tribunal, Nagpur, which rejected her claim ...

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Supreme Court Acquits KSRTC Driver in Road Accident Case Due to Lack of Rash or Negligent Driving Evidence. Conviction under Sections 279 and 304A IPC Set Aside as Prosecution Failed to Prove Culpable Rashness or Negligence Beyond Reasonable Doubt.

The appellant, Mohammad Hanif Jainum Khalifa, was a driver employed by the Karnataka State Road Transport Corporation (KSRTC). He was tried and convic...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income and Negligence. Owner of Vehicle Held Liable for Contributory Negligence as Driver Was Not Licensed and Vehicle Was Driven Without Valid Permit.

The case involves multiple appeals arising from motor accident claims. The accident occurred on 18/10/2008 when a car driven by Sri. Rohith @ Rohith M...

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High Court of Karnataka Hears Criminal Petition to Quash Charges in Dog Accident Case. Accused Argues Offences Under IPC and Motor Vehicles Act Not Attracted Due to Lack of Mens Rea and Accident on Public Road.

The petitioner, the driver of a Fortuner SUV, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the...

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Bombay High Court Dismisses Petition Against Civil Suit for Medical Negligence Despite Prior Consumer Forum Dismissal. Principle of Res Judicata Not Applicable to Consumer Forum Decisions Under Section 9 of Consumer Protection Act, 1986.

The case involves a dispute over medical negligence leading to the death of a baby boy. The respondents (parents) initially filed a complaint before t...