Search Results for "wrongful death"

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Search Results for "wrongful death"

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High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Under Section 163A MV Act — Negligence Apportionment Not Permissible Under No-Fault Liability Scheme. Claimants entitled to full compensation without deduction for contributory negligence as petition under Section 163A is structured on no-fault basis.

6 Jan 2026

The present appeal arises from a judgment and award dated 28.06.2017 passed by the Motor Accident Claims Tribunal (Main), Aravalli at Modasa in MACP N...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Under Section 163A, Holding Negligence Assessment Impermissible and Additional Premium Coverage Binding on Insurer. The court set aside the Tribunal's deduction of compensation on account of contributory negligence and directed payment of full structured formula compensation.

6 Jan 2026

The present appeal arises from a judgment and award dated 28.06.2017 passed by the Motor Accident Claims Tribunal (Main), Aravalli at Modasa in MACP N...

Supreme Court

Supreme Court Overturns Convictions in Custodial Death Case. Lack of evidence and wrongful appreciation of defense lead to acquittal in a significant custodial death case.

25 Sep 2024

An appeal concerning the custodial death of Shama @ Kalya, the Supreme Court overturned the convictions of the accused. The judgment scrutinized the e...

Supreme Court

Supreme Court Allows Compensation Claim for Railway Accident Death Under Section 124A of Railways Act, 1989 — Bona Fide Passenger Presumption Applies When Ticket Found on Body. The court held that the death of a passenger who fell from a train due to jolting and crowd is an untoward incident, and the railway is strictly liable to pay compensation.

5 May 2023

The case involves an appeal by the claimants (widow and children of the deceased) against the dismissal of their compensation claim by the Railway Cla...

High Court

Bombay High Court Dismisses Railway Appeal in Passenger Fall Case — Untoward Incident Under Section 123(c)(2) of Railways Act, 1989. Death of a bona fide passenger who fell from a running train due to a sudden jerk is an untoward incident, and the railway is liable to pay compensation under Section 124A.

1 Jul 2017

The appeal was filed by the Union of India, represented by the General Manager, Central Railway, against the order of the Railway Claims Tribunal, Nag...

High Court

High Court Upholds Labour Court Award of Reinstatement with Back Wages for Bank Employee Terminated Without Proper Inquiry. Termination Based on Criminal Arrest Without Conviction and Without Domestic Inquiry Held Illegal Under Industrial Disputes Act, 1947.

21 Jun 2016

The petitioner, ICICI Bank Ltd., challenged the awards passed by the Labour Court at Kolhapur dated 13th February 2014 (Part-I Award) and 15th May 201...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Driver's Invalid License, with Right to Recover from Owner. Third-party liability upheld under Motor Vehicles Act, 1988, applying 'pay and recover' principle.

2 Apr 2014

The case arises from a motor accident claim filed by Babulal Somani and Rukhamanibai, parents of the deceased, who died in a vehicular accident involv...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Adverse Possession. The court held that the plaintiff had perfected title by adverse possession and that the award of mesne profits under Order 20 Rule 12 CPC was proper.

29 Jan 2014

The case involves a second appeal filed by Smt Shantabai against the judgment of the Additional District Judge, Wardha, which dismissed her appeal and...

High Court

High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Unknown Vehicle Driver Established, No Contributory Negligence by Motorcyclist. Tribunal's Award of Rs 5,21,500 with 9% Interest Upheld as Just and Proper Under Section 173 of Motor Vehicles Act, 1988.

22 Aug 2013

The case arises from a motor vehicle accident on 11 December 2007, when Ramdas Telhande, aged 35, was driving a motorcycle bearing registration No. MH...

High Court

Bombay High Court Allows Appeal in Military Firing Death Case — Negligence and Vicarious Liability Established. The court held that firing without warning at a civilian constitutes negligence, and the Union of India is liable for compensation under the Fatal Accidents Act, 1855.

20 Apr 2005

The appeal arises from a suit filed by the widow and children of Rajendra Kankariya, who was killed on 10 June 1994 when military jawans fired shots o...

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