Search Results for "Rashness and Negligence"

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Bombay High Court Allows Mother's Appeal in Motor Accident Claim; Awards Rs 11,68,921 Compensation for Son's Death. Tribunal Erred in Not Deciding All Issues and Applied Wrong Standard; Negligence of Truck Driver Proved by Preponderance of Probabilities under Motor Vehicles Act, 1988.

The appeal arose from a motor accident claim before the Motor Accident Claims Tribunal. The appellant, Mrs. Sarita Agarwal, widowed mother of Snehl Ag...

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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 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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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim Case Due to Erroneous Appreciation of Evidence on Negligence. Compensation of Rs.85,000/- awarded by Tribunal upheld but finding on negligence reversed based on preponderance of probabilities and criminal charge-sheet.

The appellant, Shridhar Anant Prabhu Gaonkar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation of Rs.2,00,000 for injur...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Non-Application of Mind by Tribunal — Tribunal Failed to Consider Evidence and Wrongly Dismissed Claim Petition for Want of Proof of Negligence.

The appellants, being the children and mother of the deceased Mahebub Chand Shaikh, filed a claim petition under Section 166 of the Motor Vehicles Act...

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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...

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Bombay High Court Acquits Doctor in Medical Negligence Case Due to Lack of Gross Negligence. Death During Surgery Not Sufficient for Criminal Liability Under Section 304A IPC Without Proof of Recklessness.

The case arises from the death of Prakash Parekh, a young man who underwent a surgical procedure performed by Dr. Anil Pinto on 20/02/1984. The compla...

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Bombay High Court Partly Allows Appeal by MSRTC in Motor Accident Claim Due to Contributory Negligence of Claimant. Claimant's failure to exercise reasonable care while alighting from a moving bus resulted in 50% reduction in compensation.

The appeal arises from a judgment and award dated 4th August 1998 passed by the Motor Accident Claims Tribunal, Yavatmal in MAC No.44 of 1999, whereby...