Search Results for "rashness and negligence"

302 result(s) found

Scroll Down To Discover

Found 302 result(s)

© Image Copyrights Juris Services & Technology

Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Criminal Intent. Complaint under Section 338 IPC fails as essential ingredients of grievous hurt by rash or negligent act not established without expert evidence.

The petitioner, a practicing ophthalmologist, challenged the judgment of the Additional Sessions Judge, Pune, which upheld the Magistrate's order issu...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Discharge Petition in Medical Negligence Case Under Section 304A IPC — Lack of Material to Show Rash or Negligent Act. Court holds that death during anaesthesia without evidence of gross negligence does not constitute culpable homicide not amounting to murder.

The petitioner, Dr. Suvarna Arjun Jaybhaye, a medical practitioner with an MBBS degree and a diploma in Anaesthesia, was the accused in S.C.C. No. 965...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Truck Carrying Sugarcane Workers Overturns Due to Negligence. Insurer Held Liable to Pay Compensation for 10% Permanent Disability Under Section 166 of Motor Vehicles Act, 1988.

The present appeal was filed by Shriram General Insurance Company Ltd., the original respondent No.3, challenging the judgment and award dated 11-01-2...

© Image Copyrights Juris Services & Technology

High Court of Bombay at Nagpur Upholds Discharge of Accused in School Van Accident Case — No Prima Facie Case of Rash or Negligent Driving. Court holds that mere involvement in an accident does not establish rash or negligent driving under Sections 279, 304-A IPC and Motor Vehicles Act.

The present criminal revision was filed by the complainant, Ashok Tarachand Ramteke, challenging the order of the Sessions Judge, Wardha, who discharg...

© Image Copyrights Juris Services & Technology

Gujarat High Court Dismisses Insurance Appeal in Motor Accident Case, Upholds 50:50 Contributory Negligence Apportionment. Both ST Bus and Truck Drivers Found Negligent Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 12.01.2007 when an ST bus (GJ-18-V-8903) driven rashly rammed into a stationary truck (GJ-7-X-6523) parked wi...

© Image Copyrights Juris Services & Technology

Bombay High Court Acquits Accused in Stalking and Rash Driving Case Due to Material Contradictions and Ante-Dated Witness Statements. Conviction under Sections 279, 354D, 337 IPC Set Aside as Prosecution Failed to Prove Ingredients of Stalking and Negligent Driving Beyond Reasonable Doubt.

The case arises from a criminal revision application filed by Rakesh Matasharan Shukla challenging his conviction by the Trial Court and upheld by the...

© Image Copyrights Juris Services & Technology

High Court of Bombay at Goa Allows Insurance Company's Appeal in Motor Accident Claim Due to Lack of Evidence of Negligence and Wrong Multiplier Application. The court held that the claimant failed to prove rashness and negligence, and the multiplier should be based on the father's age, not the deceased's.

The case involves an appeal by National Insurance Co. Ltd against a judgment and award dated 07.07.2015 passed by the Motor Accident Claims Tribunal i...

© Image Copyrights Juris Services & Technology

High Court of Bombay at Nagpur Enhances Compensation in Motor Accident Claim — Deceased Head Constable's Dependents Awarded Enhanced Amount with Interest. Negligence of Trax Cruiser Driver Established; Tribunal's Finding of Contributory Negligence Set Aside Under Section 166 of Motor Vehicles Act, 1988.

The appellants, being the widow, children, and mother of deceased Ganesh Khanjode, filed a claim petition under Section 166 of the Motor Vehicles Act,...

© Image Copyrights Juris Services & Technology

High Court of Bombay at Goa Quashes Criminal Proceedings Against Boat Owner in Bumper Ride Accident Due to Lack of Evidence of Negligence. Petitioner not present at scene and no material to show rash or negligent act under Sections 279, 337, 304A IPC.

The case arises from a tragic accident on 18 November 2010 at Calangute beach, Goa, where a bumper ride boat, while returning to shore, suddenly turne...