Search Results for "Rashness and Negligence"

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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...

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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...

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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...

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Bombay High Court Acquits Accused in Hit-and-Run Case Due to Lack of Evidence Identifying Driver. Conviction under Sections 279, 304A IPC and Motor Vehicles Act Quashed as Prosecution Failed to Prove Applicant Was Driving the Offending Tempo.

The applicant, Ramnath Yashwant Gholap, was convicted by the Judicial Magistrate (First Class), Ashti, for offences under Sections 279 (rash driving) ...

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Gujarat High Court Enhances Compensation for Rickshaw Driver in Motor Accident Claim Due to Permanent Disability. Negligence of Dumper Driver Established; Future Loss of Income Calculated with Multiplier of 18 and 40% Disability.

The appellant, Parshuram Sitaram, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 18....

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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...