Motor Vehicles; United India Insurance Company Ltd. Vs. Asha Devi Soni [Allahabad High Court, 27-11-2017]

Motor Vehicles Act, 1988 – in the case of self-employed or persons with fixed wages, in case, the deceased victim was below 40 years, there must be an addition of 50% to the actual income of the deceased while computing future prospects – Addition should be 30% in case the deceased […]

Medical Law; R.K Nolini Devi Vs. Dr. Sharatkumar [State Consumer Disputes Redressal Commission Imphal Manipur, 05-05-2017]

There was no evidence on record that there was a written consent/written request of the patient party or relative of the complainant’s husband or the complainant herself for discharging the critically ill complainant’s husband on request. None of the patient party or the complainant herself signed on the Discharge Certificate […]

Electricity; Yash Pal Singh (Minor) Vs. State of U.P. [Allahabad High Court, 24-04-2017]

Since the power corporation is working as an agent of the State for providing electricity, the State is jointly and severally liable for payment of compensation and for taking safety measures. It is also necessary in furtherance of the object to provide just compensation and take security measurements by the […]

Negligence; Ajay Kumar Vs. Ruby Devi [Patna High Court, 27-07-2016]

Tort Law – Motor Vehicle Accidents Claims – Negligence – Composite Negligence – Concept of – Whether owners of both offending vehicles to share the burden – Whether owner of one of the vehicles has got choice to ask for apportionment according to his desire? – Held, apart from having left at […]

Water Dam; Vohra Sadikbhai Rajakbhai Vs. State Of Gujarat [10-05-2016] SC

Whether gross negligence in not maintaining particular level of water in the dam by the respondents; that has resulted into damage and destruction to the plantation of the appellants, causing loss of livelihood, could be said to be an ‘Act of God’? Water in the Dam IN THE SUPREME COURT […]

All you want to know about Negligence u/s. 304 IPC

The relevant portion of Section 304 of the IPC reads as under:- “Whoever commits culpable homicide not amounting to murder shall be punished with … and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or […]

11 Well Known Principles for deciding Medical Negligence

On scrutiny of the leading cases of medical negligence both in India and other countries specially United Kingdom, some basic principles emerge in dealing with the cases of medical negligence. While deciding whether the medical professional is guilty of medical negligence following well known principles must be kept in view:- Medical […]