Search Results for "negligence"

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Search Results for "negligence"

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High Court

High Court of Bombay at Nagpur Allows Appeal in Railway Accident Compensation Case — Deemed Deceased a Bona Fide Passenger Based on Evidence of Valid Ticket and Untoward Incident. The court set aside the Railway Claims Tribunal's order dismissing the claim and directed payment of Rs. 8,00,000 with interest under Section 124A of the Railways Act, 1989.

12 Jun 2023

The appellants, parents of the deceased Dilip Dhaneshwar Rajak, filed a claim before the Railway Claims Tribunal seeking compensation of Rs. 8,00,000 ...

High Court

Bombay High Court Partially Allows Insurance Company's Appeal and Claimants' Cross-Objection in Motor Accident Claim — Reduces Compensation by Excluding Arrears of Salary but Enhances Consortium and Future Prospects. The Court held that arrears of salary are not regular income for computing loss of dependency, and that the Insurance Company failed to prove contributory negligence due to alleged alcohol consumption.

8 Dec 2023

The case arises from a motor accident claim where the deceased, Shashin Mogale, died in a collision with a truck. The Motor Accident Claims Tribunal, ...

High Court

Bombay High Court Dismisses Insurer's Appeal, Upholds Compensation Under Section 163-A MV Act for Death of Borrower-Rider in Single-Vehicle Accident. Dependents of a person who borrowed a motorcycle and died in a fall without involvement of another vehicle are entitled to compensation under Section 163-A of the Motor Vehicles Act, 1988.

4 Jan 2022

The case involves an appeal by The New India Assurance Company Ltd. against an award of the Motor Accident Claims Tribunal granting compensation to th...

High Court

Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Major Son Held Dependent. The court affirmed that a major son can be a dependent if actually dependent on the deceased's income, and the insurer is liable to pay compensation.

3 Aug 2022

The case arises from a motor accident claim filed by Vinay Ambadas Wahul, the son of the deceased Shantabai Wahul, who died in a road accident on 23rd...

High Court

High Court Allows Appeal of Injured Passenger in Railway Accident Case — Falls While Chasing Thief Constitutes Untoward Incident Under Section 124A of Railways Act, 1989. The Court held that the appellant's injury occurred due to a criminal act of theft and the movement of the train, not a voluntary act, and awarded compensation of Rs. 8,00,000 with interest.

18 Oct 2022

The appellant, Narendra Sharma, was a bona fide passenger traveling on a suburban train from Masjid Bandar to Santacruz on 30 November 2017. At around...

High Court

Bombay High Court Dismisses Petition Challenging Dismissal of Condonation of Delay Application in Suit Abatement Case. The court upheld the concurrent findings that the delay of 7 years in seeking to set aside abatement was not sufficiently explained and the application was rightly dismissed.

6 Apr 2021

The petitioner, Govind Jagalpure, challenged the judgment and order dated 21 November 2017 passed by the learned District Judge-1, Udgir, in Misc. Civ...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Rash Driving Case — No Evidence of Negligence. Acquittal upheld as prosecution failed to prove rash or negligent driving under Sections 279, 304-A, 338 IPC and Section 184 Motor Vehicles Act, 1988.

21 Feb 2020

The State of Maharashtra appealed against the acquittal of Mahadeo Siddhappa Ghali, a bus driver, by the Judicial Magistrate First Class, Miraj. The a...

High Court

Bombay High Court Dismisses State's Appeal Against Acquittal of Doctors in Medical Negligence Case. Prosecution Failed to Prove Gross Negligence or Culpable Homicide Under Sections 304, 304-A, 201, 176, 314, 197 r/w 34 IPC and Section 33(2) of Maharashtra Medical Practitioners Act, 1961.

17 Mar 2020

The State of Maharashtra filed an appeal against the judgment and order dated 22nd November 2000 passed by the learned Additional Sessions Judge, Male...

High Court

Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Upholds Compensation for Death of Third Party. Insurer Liable Under Section 166 of Motor Vehicles Act, 1988 Despite Stationary Vehicle, as Negligence of Other Driver Proved.

19 May 2020

The case arises from a motor accident claim filed by the sons of the deceased, Rukminibai Ramayya Kamtam, who died in a road accident on 16 April 2010...

High Court

High Court of Karnataka Enhances Compensation for Death of Coolie Worker in Motor Vehicle Accident - Negligence of Lorry Driver Proved, Tribunal's Award Modified. The court set aside the finding of contributory negligence and enhanced compensation from Rs.3,60,000 to Rs.8,27,900 under the Motor Vehicles Act, 1988.

11 Jul 2025

The appellant, Ningappa, the husband of deceased Smt. Yallawwa, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the ...

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