Search Results for "negligent conduct"

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High Court Acquits Accused in Rash Driving Case Due to Inconsistent Evidence and Absence of Credible Witnesses. Conviction under Sections 279, 337, 304A IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The revision petitioner, Satish Ganapati Gunagi, was convicted by the JMFC, Ankola in C.C. No. 62/2007 for offences under Sections 279 (rash driving),...

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High Court of Karnataka Allows Revision Petition, Discharges Accused in Culpable Homicide Case Due to Lack of Prima Facie Evidence of Knowledge or Intent. Court holds that mere involvement in a road accident without evidence of rash or negligent driving does not attract Section 304 Part II IPC.

The revision petitioner, Kolla Bhovi, was the driver of a lorry involved in a road accident on 20.01.2013, resulting in the death of a cyclist. The co...

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High Court of Karnataka Allows Appeal in Motor Vehicle Accident Claim — Bus Fire Caused by Negligence of KSRTC Driver. Claimant Entitled to Compensation as Tribunal Erred in Dismissing Petition on Grounds of Non-Joinder of Driver and Lack of Negligence Evidence.

The appellant/claimant, Smt. Chandra Prabha P., filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for inj...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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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...

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Bombay High Court Partly Allows Owner's Appeal in Motor Accident Claim — Reduces Compensation for Death of 15-Year-Old Boy Due to Contributory Negligence. Owner of Tractor Held Liable for Negligence of Driver but Compensation Reduced by 50% for Deceased's Contributory Negligence in Sitting on Tractor.

The case arises from a motor accident claim filed by the original claimants (respondents No. 1 to 4) under Section 166 of the Motor Vehicles Act, 1988...

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High Court of Bombay at Goa Dismisses Appeal in Motor Accident Claim — Parents Fail to Prove Negligence and Income of Deceased Son. Claim for Compensation Dismissed as Claimants Did Not Establish Rash and Negligent Driving or Deceased's Employment and Income Under Motor Vehicles Act, 1988.

The appellants, K. J. Mohammad and Smt. Saramma, parents of a deceased 22-year-old son, filed a claim petition under the Motor Vehicles Act, 1988, see...

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High Court of Bombay at Goa Quashes Criminal Proceedings Against Boat Owner in Bumper Ride Accident Due to Lack of Evidence of Negligence. Petitioner not present at scene and no material to show rash or negligent act under Sections 279, 337, 304A IPC.

The case arises from a tragic accident on 18 November 2010 at Calangute beach, Goa, where a bumper ride boat, while returning to shore, suddenly turne...

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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 Allows Appeal in Motor Accident Claim Case — Compensation Enhanced from Rs. 2,00,000 to Rs. 3,50,000 for Death of 24-Year-Old Bachelor. Multiplier of 18 applied and 50% deduction for personal expenses upheld as per legal principles.

The appeal challenges the judgment and award dated 10.5.2004 passed by the Motor Accident Claims Tribunal at Mapusa in Claim Petition No. 40/2002. The...