Search Results for "negligent act"

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

The revision petitioner, Manasing Tukaram Lamani, was the accused in C.C. No. 208/2011 before the Principal Civil Judge and JMFC, Bagalkot. He was con...

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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...

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Bombay High Court Dismisses State Appeal in Swimming Pool Drowning Case — Acquittal Upheld for Lack of Proof of Rash or Negligent Act. Section 304A IPC requires direct causal link between a positive act of rashness or negligence and death; mere omission or lack of supervision not sufficient.

The State of Maharashtra appealed against the judgment and order dated 30.01.2009 passed by the Judicial Magistrate, First Class (Court No.8), Akola i...

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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Prima Facie Case Under Section 304-A IPC. FIR and charge-sheet quashed as no expert opinion obtained to establish medical negligence.

The applicant, Dr. Pramod Yashwantrao Gurjar, an Obstetric and Gynecology Surgeon, performed a cesarean surgery on Smt. Kanchan Atul Kulkarni on 06.03...

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High Court of Gujarat Dismisses/Allows Appeal in Motor Accident Claim—Decision Not Captured. Composite Negligence and Quantum of Compensation Under Section 166 of the Motor Vehicles Act, 1988 Were the Key Issues.

The matter involves an appeal and cross-objections arising from the judgment and award dated 14th August 2020 passed by the Motor Accident Claim Tribu...

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Supreme Court Restores Compensation Against Operating Surgeon in Medical Negligence Case. Low Platelet Count Surgery Held Unreasonable Under Consumer Protection Act, 1986.

The appellant, Nand Kishore Prasad, filed a consumer complaint after his 15-year-old son Sanjay Kumar died following surgery at Kurji Holy Family Hosp...

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Bombay High Court Allows Appeal in Motor Accident Claim for Death of 10-Year-Old Girl, Sets Aside Contributory Negligence Finding. Court holds that a child passenger cannot be held contributorily negligent and enhances compensation under Motor Vehicles Act, 1988.

The appellants, father and siblings of the deceased Savita, a 10-year-old girl, filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeki...

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Gujarat High Court Reduces Contributory Negligence from 30% to 10% in Motor Accident Claim — Enhances Compensation for Partial Permanent Disability. Held that mere presence of motorcycle on the wrong side does not automatically fix contributory negligence without evidence of proximate cause.

The appellant, Vijaybhai Vikrambhai Sadmiya, was the original claimant in a motor accident claim petition arising from an accident on 23.08.2016. Whil...