Search Results for "negligence"

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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...

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Bombay High Court Allows No-Fault Compensation Under Section 140 MV Act Despite Deceased's Own Negligence — Volenti Non Fit Injuria Not Applicable to Section 140 Claims.

The case involves an appeal by the original claimants, who are the sons and daughter of the deceased Gangaram Zade. On 6 January 2005, Gangaram was dr...

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Bombay High Court Allows Appeals by Claimants in Motor Accident Claims for Deaths in Autorikshaw Collision with Truck — Negligence of Truck Driver Established, Contributory Negligence Not Proven. Compensation Enhanced with Multiplier 17, Future Prospects, and 7.5% Interest.

The appeals arise from a motor accident claim where three deceased persons (Madhukar Dabhalkar, Kailash Bathe, and Kadusing Rajput) died in a collisio...

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Bombay High Court Allows Rejection of Plaint in Trust Dispute for Non-Compliance with Section 50 of Bombay Public Trust Act, 1950. Suit by devotees challenging removal of deity held barred without Charity Commissioner's consent.

The case involves a Notice of Motion filed by defendant trustees (defendant Nos. 1, 3, 4, and 5) in a suit seeking rejection of the plaint under Order...

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Bombay High Court Dismisses Petition Seeking Enquiry and Prosecution for Water Leakage and Contamination. Court holds that no statutory duty or right is violated as the petition lacks specific allegations of negligence and seeks directions beyond judicial review.

The petitioners, residents of Hinganghat, filed a criminal writ petition seeking directions to the Municipal Council to initiate an enquiry into the l...