Search Results for "negligence"

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Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

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Bombay High Court Allows Appeal in Railway Accident Claim — Untoward Incident Presumed Under Section 124A of Railways Act, 1989. Deceased's fall from train due to sudden jerk or push constitutes an untoward incident; railway's defense of suicide or self-inflicted injury not established.

The appellants, being the father, mother, and brother of the deceased Ganesh Vasanta Kajale, filed a claim before the Railway Claims Tribunal, Nagpur,...

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Bombay High Court Allows Compensation for Electrocution Death Due to Negligence of Electricity Board. Widow and Sons of Deceased Ashok Kakde Granted Rs. 10 Lakh with Interest for Death Caused by Unsafe Electric Supply from Pole on Agricultural Land.

The petitioners, widow and sons of deceased Ashok Kakde, filed a criminal writ petition seeking compensation of Rs. 10 lakh for his death due to elect...

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Bombay High Court Allows Appeal and Enhances Compensation in Motor Accident Claim Case — Widow and Minor Children of Deceased Awarded Enhanced Compensation for Death of Breadwinner. Negligence of Trax Driver Established; Insurance Company Liable to Pay Compensation Under Motor Vehicles Act, 1988.

The appeal arises from a judgment and award dated 18/10/2013 passed by the Claims Tribunal, Nagpur in M.A.C.P No.686/2008. The appellants, being the w...

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Bombay High Court Upholds Acquittal in Rash Driving Case Due to Lack of Evidence of Negligence. Death of Child in Truck Accident Not Sufficient to Prove Rashness Under Sections 279, 338, 304A IPC r/w Section 184 Motor Vehicles Act.

The State of Maharashtra appealed against the acquittal of Uttam Akaram Madane by the Judicial Magistrate, First Class, Vita, for offences under Secti...

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Bombay High Court Partly Allows Insurance Company's Appeal Reducing Compensation in Motor Accident Claim Due to No Loss of Earning Capacity. Claimant's 20% disability did not result in any reduction in salary, so compensation for loss of earning capacity was set aside.

The case involves an appeal by Bajaj Allianz General Insurance Co. Ltd. against the judgment and award dated 02.06.2010 of the Motor Accident Claims T...

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Bombay High Court Allows Joint Application to Quash Criminal Proceedings in Medical Negligence Case Based on Compromise. Section 304-A IPC proceedings quashed under Section 482 CrPC as parties settled amicably and continuation would be futile.

The case involves a criminal application under Section 482 of the Code of Criminal Procedure, 1973 filed jointly by the accused (applicant No.1, Dr. S...