Search Results for "medical negligence"

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Search Results for "medical negligence"

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High Court

Bombay High Court Allows Writ Petition Against Refusal to Issue Process for Medical Negligence Under Section 304A IPC — Held That Magistrate Must Consider Prima Facie Case at Stage of Issuing Process, Not Conduct Mini Trial. The court set aside the orders of the Magistrate and Additional Sessions Judge and directed the Magistrate to proceed with the complaint after giving the complainant an opportunity to lead evidence.

19 Jan 2015

The petitioner, Gautam Sadanshiv, filed a criminal complaint (Criminal Complaint No.645/2009) before the Judicial Magistrate, First Class, Achalpur, a...

Supreme Court

Supreme Court hears cross appeals against National Commission's compensation order in medical negligence death case — all parties challenge quantum and liability apportionment. The core legal issue concerns the adequacy of income proof, necessity of deductions for living expenses and taxes, and the reliance on foreign expert testimony for determining pecuniary loss.

1 Aug 2026

The Supreme Court heard a batch of civil appeals arising from the judgment and order dated 21.10.2011 passed by the National Consumer Disputes Redress...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Negligence of Driver Proved Despite Absence of Police Witness. Tribunal Erred in Dismissing Claim for Want of Examination of Investigating Officer; Evidence of Claimants' Witnesses Sufficient to Establish Negligence Under Motor Vehicles Act, 1988.

4 Jun 2019

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, Ashok Balsaraf, who died in a vehicular accid...

High Court

Bombay High Court Awards Compensation to Widow and Children for Death of Patient in Mental Hospital Due to Negligence. State Held Vicariously Liable for Failure to Provide Adequate Staff and Security at Yerwada Mental Hospital.

8 Jun 2026

The petitioners, the widow and two children of a deceased man, filed a writ petition seeking compensation from the State of Maharashtra and its office...

High Court

Madras High Court Enhances Compensation for Injured Claimants in Motor Accident Case, Upholds Negligence Finding Against Insurer. Compensation for father and son enhanced based on medical expenses, loss of earning capacity, and future medical expenses under Motor Vehicles Act, 1988.

9 Jan 2026

The case arises from a motor accident that occurred on June 30, 2018, at about 21:30 hours, when a father and son duo were riding their TVS XL Motorcy...

High Court

Gujarat High Court Dismisses Appeals by District Panchayat in Failed Sterilization Cases, Upholds Compensation for Unwanted Child. Negligence in Tubectomy Operation Leads to Liability for Maintenance of Child Born After Failed Procedure.

29 Jan 2026

The case involves three Second Appeals filed by the Patan District Panchayat and others against a common judgment of the Appellate Court in a suit for...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Bus Driver — Compensation Awarded for Amputation of Toes Resulting in 43% Permanent Disability. The court applied the doctrine of res ipsa loquitur to hold the bus driver negligent and awarded Rs. 2,50,000/- with interest.

6 Apr 2023

The appellant, Sayed Mohaseen, a student aged 18, filed a claim petition under the Motor Vehicles Act seeking compensation of Rs. 3,50,000/- for injur...

High Court

Madras High Court Reduces Compensation in Motor Accident Case Due to Contributory Negligence — Deceased Motorcyclist Found 50% Liable for Collision with Tipper Lorry. The court apportioned liability equally after finding the deceased was riding on the wrong side of the road.

30 Mar 2026

The appeal was filed by the insurance company challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal in M.C.O.P.No.138...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Prima Facie Case Under Section 304A IPC. Allegations of Surgery Against Medical Advice and Negligent Treatment Did Not Disclose Offence of Culpable Homicide Not Amounting to Murder.

9 Mar 2017

The petitioner, Dr. Seema Manohar Gunjal, a medical officer, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seek...

High Court

Bombay High Court Dismisses Appeal by Transport Undertaking in Motor Accident Claim for Deceased Minor Student — Negligence of Bus Conductor and Driver Established. Tribunal's Award of Rs.22,79,100/- with 8% Interest Upheld as Appellant Failed to Prove Contributory Negligence.

19 May 2020

The case arises from a motor accident claim filed by the parents (respondents) of a 15-year-old boy, Master Dhruv Rajendra Thakkar, who died due to in...

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