Search Results for "rashness and negligence"

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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 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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Gujarat High Court Enhances Compensation for Rickshaw Driver in Motor Accident Claim Due to Permanent Disability. Negligence of Dumper Driver Established; Future Loss of Income Calculated with Multiplier of 18 and 40% Disability.

The appellant, Parshuram Sitaram, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 18....

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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...

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Bombay High Court Acquits Accused in Hit-and-Run Case Due to Lack of Evidence Identifying Driver. Conviction under Sections 279, 304A IPC and Motor Vehicles Act Quashed as Prosecution Failed to Prove Applicant Was Driving the Offending Tempo.

The applicant, Ramnath Yashwant Gholap, was convicted by the Judicial Magistrate (First Class), Ashti, for offences under Sections 279 (rash driving) ...

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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 Motor Accident Case Due to Lack of Evidence of Rash Driving. Prosecution Failed to Prove Offences Under Sections 279, 337, 338 IPC and Section 184 Motor Vehicles Act as No Evidence of Rash or Negligent Driving Was Adduced.

The State of Maharashtra filed an appeal under Section 378(1) of the Code of Criminal Procedure, 1973 against the judgment and order dated 16 April 19...