Search Results for "Negligence Finding"

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High Court of Bombay at Goa Dismisses Insurer's Appeal in Motor Accident Claim — Negligence Finding Upheld. The Court held that the Tribunal's finding on negligence was not perverse and contributory negligence was not proved by the insurer.

The case arises from a motor accident on 17.01.2021 where Mario Bernard Fernandes (Bernard), riding an Activa scooter, collided with a Toyota Qualis i...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Bus Driver — Act of God Defence Rejected. Tribunal's finding of no negligence reversed; bus driver held negligent for sudden lane change causing accident.

The appeal arises from a motor accident claim filed by Rajesh Shantilal Sejpal (since deceased, represented by legal heirs) under Section 173 of the M...

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Bombay High Court Allows Appeals in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. Deceased were not third parties but employees of the offending vehicle owner, and contributory negligence was established.

The case arises from a motor accident that occurred on 28th January 2000, involving a vehicle owned by the Commandant, CAD Camp, Pulgaon, and driven b...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Compensation Enhanced for Widow and Children. Future Prospects and Loss of Consortium Granted Under Section 166 of Motor Vehicles Act, 1988.

The appeal was filed by the claimants (widow, children, and parents of the deceased) against the judgment and award dated 3rd April 2018 in MACP No. 4...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's contributory negligence assessed at 50% for sitting on the footboard of a bus, reducing insurer's liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the claimant, Gulam Mohammad, sustained injuries while traveling as a passenger in a bus owned by Ka...

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Bombay High Court Awards Compensation for Medical Negligence in Municipal Hospital - Extravasation Injury Leads to Loss of Fingers. Hospital Staff's Failure to Monitor IV Line Constitutes Negligence, Municipal Corporation Held Vicariously Liable.

The petitioner, Umakant Kisan Mane, was admitted to Rajawadi Municipal Hospital on 1st October 2002 following a convulsion. An intravenous line was st...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Rejection of Petition Under Section 163A MV Act — Claimants Entitled to Compensation as Per Structured Formula Despite Alleged Contributory Negligence.

The appellants, Ashabai, Seema, and Umesh, are the legal representatives of the deceased Kalyan Kothi. They filed a claim petition under Section 163A ...

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High Court of Karnataka Allows SBI Appeal in Demand Draft Fraud Case — Bank Held Negligent for Confirming Non-Encashment Despite Prior Payment. SBI Bangalore's Own Negligence in Issuing Incorrect Confirmation Precludes Recovery from Collecting Bank Under Section 131 of Negotiable Instruments Act, 1881.

The appellant, State Bank of India (SBI), Bangalore branch, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, agains...

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Bombay High Court Allows State's Petition, Upholds Reduction in Pension of Retired Jailor for Misconduct. Disciplinary Proceedings Validly Continued After Superannuation Under Rule 27(2) of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.

The State of Maharashtra filed a writ petition challenging the order of the Maharashtra Administrative Tribunal which had set aside the punishment of ...

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Supreme Court Considers Suo Motu Reference on Summoning Advocates During Investigation; Examines Scope of Advocate-Client Privilege and Need for Guidelines to Prevent Coercive Summons. Court Addresses Legality of Direct Summons to Lawyers Under Section 179 BNSS and Absence of Judicial Oversight.

The Supreme Court initiated suo motu proceedings following a reference from a two-judge bench in a Special Leave Petition challenging a notice issued ...