Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 165 days in filing appeal against ex parte eviction decree - Defendant categorically stated that he was not at all served and he came to know of decree passed in suit only when he received notice in execution petition and immediately after obtaining certified copies filed appeal - Delay was not intentional..........
Tort of Negligence -- Tort - Ingredients are : (i) existence of a duty to care; (ii) breach of duty through action or omission; and (iii) damages arising as a consequences of breach...........
Consumer Protection Act, 1986, Section 12 -- Deficiency of service - Death by drowning in swimming pool at hotel - Delay in response by lifeguard who was preoccupied with bartending duties - Amounts to direct consequence of negligence...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 - - Delay of 277 days in filing second appeal - Title suit was decreed on the ground of default - First Appellate Court affirmed judgment and decree passed by trial Court - Immediately defendant filed review application as advised, which was also dismissed - Second appeal filed on behalf of defendants..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Compensation in cases of disablement due to medical negligence is to be awarded keeping in view the pecuniary damages as also the non pecuniary damages like pain and suffering and loss of amenities of life...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - No infirmity in finding as to medical negligence - Grant of Rs.Two lakhs compensation and Rs.2.93 lakhs ex gratia amount by State Commission - National Commission enhanced compensation to the tune of Rs.two lakhs - Right arm has to be amputated of appellant aged 45 years - Grant of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Cannot be refused merely because of some mistake, negligence, inadvertence or even infraction of Rules of Procedure, as Court always grants leave to amend pleadings even if a party is negligent or careless as power to allow amendment of pleadings is intended to serve the ends of justice and is not..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Death of wife of complainant - Compensation - Deceased was medically compromised by reason of her past illnesses - She was admitted to two other hospitals, post her discharge from respondent no.1/Hospital - Death has been caused by a multiplicity of factors - Reasonable degree of skill, knowledge and care..........
Marine -- Accident - Damage of coal loader - Liability of master of vessel - Enquiry Committee found that factors responsible for accident were beyond the control of anyone - Assessment of all relevant factors were duly considered by Committee in correct perspective and it cannot be concluded that acts of commission or omission on part of Master of vessel alone were..........
Torts -- Medical negligence - Claim for compensation - Doctor conducting operation did not offer any guarantee hence, there is no contract on not conceiving the child - Court would not imply of any such contract in absence of such a contract therefore, claim for compensation is not maintainable...........
