Search Results for "Victim Negligence Defence"

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Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Injury Claim — Tribunal's Award of Rs.15 Lakhs Enhanced to Rs.27 Lakhs for 70% Disabled Mechanical Engineer. Loss of Earning Capacity Reassessed with 50% Future Prospects and Multiplier of 14 Under Motor Vehicles Act, 1988.

The appellant, Pratap Dandapani Padhi, a 43-year-old Mechanical Engineer working as a Foreman at Sunflag Iron & Steel Company Limited with a monthly s...

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Supreme Court Allows Appeal Against High Court Order Granting Permission to Private Person to Conduct Prosecution Under Section 302 CrPC. Permission Cannot Be Granted Mechanically Merely Because Applicant Is an Aggrieved Party; Exceptional Circumstances Required.

The appeal arose from an order of the Bombay High Court allowing respondent No. 2 (the complainant) to conduct prosecution under Section 302 of the Co...

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Bombay High Court Dismisses Insurance Company's Appeal Against Compensation Award for Traumatic Amputation. The Tribunal's assessment of 70% disability and award of Rs.5,02,600 under Section 166 of Motor Vehicles Act, 1988 was upheld as just and proper.

The case involves an appeal by the insurance company against an award of the Motor Accident Claims Tribunal, Mumbai, granting compensation to the clai...

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High Court of Karnataka Acquits Accused in Fatal Bus Accident Case Due to Lack of Evidence of Rash and Negligent Driving. Conviction under Sections 279, 338, 304(A) IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The petitioner, Medappa, was the driver of a bus that met with an accident on 28 July 2000 at about 9:30 a.m., resulting in the death of eight passeng...

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Bombay High Court Upholds Conviction for Rash Driving Causing Death and Injuries in Hit-and-Run Case. Revision Petitioner's Conviction Under Sections 279, 337, 304A IPC and Section 134(a)(b) r/w 187 MV Act Confirmed as Evidence of Rashness and Negligence Was Clear.

The revision petitioner, Mr. Vimanjan Hanumanta Devarkonda, was the original accused in a criminal case arising from a road accident that occurred on ...

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Bombay High Court Acquits Accused in Rape Case Due to Unreliable Prosecution Evidence. Conviction under Section 376 IPC Set Aside as Testimony of Prosecutrix Found Inconsistent and Medical Evidence Not Supporting Rape.

The appellant, Soma Balkrushna Dadore, was convicted by the 4th Additional Sessions Judge, Nagpur, for offences under Section 376 IPC (rape) and Secti...

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Bombay High Court Dismisses MSRTC Appeal in Fatal Bus Accident Case — Compensation Award of Rs.2,52,000/- Upheld. Doctrine of Res Ipsa Loquitur Applied to Establish Negligence Under Motor Vehicles Act, 1939.

The appellant, Maharashtra State Road Transport Corporation (MSRTC), challenged the award of the Motor Accident Claims Tribunal, Satara, dated 31st De...