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High Court of Karnataka Dismisses Appeals by NWKRTC in Motor Accident Claims, Upholds Tribunal Awards with Enhanced Compensation. Contributory Negligence of Bus Driver Established, Insurance Company Liable to Pay Compensation with Right to Recover from Owner.

The judgment involves multiple appeals filed by the North-West Karnataka Transport Corporation (NWKRTC) against the awards of the Motor Accidents Clai...

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Bombay High Court Dismisses Petition by Municipal Corporation Challenging Reinstatement of Bus Driver in Gross Negligence Case. The Industrial Court's finding that the bus driver was not negligent was based on evidence and not perverse, and thus no interference under Article 227 was warranted.

The petitioner, Municipal Corporation of Greater Bombay (BEST Undertaking), challenged an order of the Industrial Court, Mumbai, dated 16 August 2007,...

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Bombay High Court Upholds Dismissal of Bus Driver in Fatal Accident Case — Concurrent Findings of Misconduct Not Interfered With. Petitioner failed to maintain safe distance causing three deaths; Labour Court and Industrial Court concurrently upheld dismissal as proportionate punishment.

The petitioner, Syed Mumtaz Syed Moosa, was employed as a driver with the Maharashtra State Road Transport Corporation (respondent) since 1984. On 9th...

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Bombay High Court Upholds Dismissal of Bus Driver in Fatal Accident Case — Negligent Driving Resulting in Death and Injuries Justifies Dismissal; Labour Court's Reinstatement Order Quashed as Perverse Under Section 11A of Industrial Disputes Act, 1947.

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the orders of the Labour Court and Industrial Court which had set asi...

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Bombay High Court Upholds Dismissal of Bus Driver for Gross Negligence Causing Fatal Accident. Disciplinary Enquiry Valid Despite Acquittal in Criminal Case as Standard of Proof Differs.

The Brihanmumbai Municipal Corporation (BMC) through its BEST Undertaking challenged a Labour Court order that set aside the dismissal of a bus driver...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Sections 302 and 323 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Nazimoddin Mohammaddin alias Nasiroddin, was convicted by the Sessions Judge, Nanded, for offences punishable under Sections 302 and 32...

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High Court of Bombay at Nagpur Allows Appeal in Motor Accident Claim Case — Negligence of ST Bus Driver Established Through Additional Evidence. Widow of Deceased Entitled to Compensation of Rs.1,50,000 with Interest at 6% per annum.

The appellant, Pushpalata wd/o Haribhau Gawande, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation for the death of her h...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Employee Injured While Boarding Employer's Bus. Insurer Liable as Policy Covered Vehicle and Claimant Was a Passenger Under Motor Vehicles Act, 1988.

The case involves an appeal by the United India Insurance Company against an order of the Motor Accidents Claims Tribunal (MACT), Mumbai, dated 8.10.1...