Search Results for "negligent act"

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Search Results for "negligent act"

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Supreme Court

Supreme Court Quashes Medical Negligence Finding Against Doctor and Hospital in Consumer Dispute - Reverses NCDRC Order Due to Lack of Evidence. The Court held that the complainant failed to provide sufficient material or medical evidence to establish negligence under the Consumer Protection Act, 1986, as mere unfavorable outcome or untoward incident does not per se constitute negligence.

7 Sep 2021

The dispute arose from a consumer complaint alleging medical negligence against a doctor and a hospital following the death of a patient after a secon...

High Court

Bombay High Court Allows Joint Application to Quash Criminal Proceedings in Medical Negligence Case Based on Compromise. Section 304-A IPC proceedings quashed under Section 482 CrPC as parties settled amicably and continuation would be futile.

9 Dec 2020

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973 filed jointly by the accused (applicant No.1, Dr. S...

High Court

Bombay High Court Dismisses Petition by MSRTC Challenging Reduction of Back Wages in Driver Negligence Case. Industrial Court's Order Reducing Back Wages from 100% to 75% Upheld Due to Contributory Negligence by Deceased.

23 Feb 2006

The petitioner, Maharashtra State Road Transport Corporation, challenged the order of the Industrial Court dated 20.3.1998 which modified the Labour C...

High Court

High Court of Gujarat Enhances Compensation in Motor Accident Claim Case Due to Negligent Driving by Multiple Vehicles. Apportionment of Liability Between Joint Tortfeasors Upheld Under Motor Vehicles Act, 1988.

24 Mar 2026

The case arises from a motor accident claim petition filed by the legal heirs of the deceased, Amanathussain Mukhtarhussain, who died in a vehicular a...

High Court

High Court of Bombay Upholds Compensation Award in Motor Accident Claim — Insurance Company Liable for Negligent Driving of Insured Vehicle. Deceased Teacher's Income and Future Prospects Properly Assessed Under Motor Vehicles Act, 1988.

18 Aug 2017

The appeal arises from a judgment and award dated 29/10/2005 of the Motor Accident Claims Tribunal, Gondia, in Claim Petition No.40/2004. The Tribunal...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof and Applies Multiplier of 16 Instead of 17. Deceased's income assessed notionally at Rs. 4,000 per month for a 32-year-old helper with no documentary evidence of salary.

16 Aug 2018

The case arises from a motor accident claim petition filed by the legal heirs of Pandharinath Rathod, who died in a road accident on 26 March 2009. Th...

High Court

High Court of Karnataka Dismisses Corporation's Appeal and Partly Allows Claimant's Appeal in Motor Accident Claim — Negligence of Bus Driver Established by Res Ipsa Loquitur, Compensation Enhanced for Loss of Consortium and Funeral Expenses. The Court upheld the Tribunal's finding of negligence against the Tamil Nadu State Transport Corporation and enhanced compensation from Rs.5,00,000 to Rs.5,17,000 for the death of a pedestrian vegetable vendor.

25 Jan 2016

The case arises from a motor accident claim petition filed by Smt. Palaniyamma @ Muniyamma, widow of Gopal, who died in a road accident on 22.06.2007....

High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim Case Due to Non-Examination of Investigating Officer — Adverse Inference Drawn Against Insurance Company for Withholding Material Witness. The court held that the Investigating Officer was the best person to prove the involvement of the alleged offending vehicle, and the insurance company's failure to examine him warranted an adverse inference under Section 173(1) of the Motor Vehicles Act, 1988.

9 Nov 2015

The appeal was filed by the claimants, Smt. Arathy and Smt. Mangalamma, against the judgment and award dated 18.11.2010 passed by the Civil Judge (Sr....

High Court

High Court of Judicature at Bombay, Nagpur Bench Dismisses Insurer's Appeal in Motor Accident Claim, Upholding Compensation Awarded by Tribunal. Unexplained Delay in Filing FIR Held Not Fatal When Negligence Is Undisputed, and Treating Doctor's Permanent Disability Certificate Accepted Despite Refusal by Government Medical Board.

12 Sep 2017

This was a first appeal preferred by Bharti Axa General Insurance Company Ltd. against the award dated 17 February 2017 passed by the Motor Accident C...

High Court

Bombay High Court Dismisses Challenge to GST Levy on TDR/FSI Transfers by Builders Association. Transferable Development Rights (TDR) and Floor Space Index (FSI) are 'goods' under Article 366(12) of the Constitution and subject to GST as a supply under Section 7 of the Central Goods and Services Tax Act, 2017.

10 Apr 2018

The petitioners, Builders Association of Navi Mumbai and Neelsidhi Realties, filed a writ petition under Article 226 of the Constitution of India chal...

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