Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Death due to negligence of doctor - Cause of death was haemorrhage and shock resulting from damage to abdominal blood vessels due to punctured injuries of abdomen with blunt object - Abdominal skin with fat was of 3 cms thickness, but petitioner accused to explain as to why he made dissection of..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Exclusion clause - Policy and its nomenclature shows that the Policy in question was given to the carrier to recover his legal liability while he is acting as a carrier under the contract of carriage - Under the Exclusion clause the liability in respect of the damage to the property belonging..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM(G)(3) -- Insurance claim - Repudiation - Surveyor - Appointment of successive surveyors - Loss to the farm, water lined, drip irrigation systems, pump sets, buildings etc. by a group of Naxalites and Militants - Repudiation on the ground that FIR lodged after delay of 9 days and investigators..........
State Financial Corporations Act, 1951, Section 24 -- Recovery suit - Corporation taking possession of property mortgaged as collateral security - Held, Corporation is liable to account for profits and rent from business and property of debtor, and shall not engage in prohibited business and manage property as a person of ordinary prudence - It will not commit acts of..........
Motor car -- Manufacturing defect - Complainant had not come to the District Forum with clean hand - Vehicle was taken away by the officials of Citi Bank and resold to some other person soon after filing the complaint - This fact was not disclosed by the complainant in his complaint till its decision and thus the complainant has intentionally misused and abused the process..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM -- Insurance claim - Surveyor's report - Before submitting his claim complainant appointed Surveyor to assess the loss to the factory due to super cyclone and on that basis submitted claim of Rs.40 lakhs and odd - Loss assessed by the Two Surveyors appointed by the Insurance Company Rs. 6..........
Motor vehicle -- Defect in electrical system - Short circuit in the electric system and damage caused to vehicle during warranty - Respondent filing claim with Insurance Company treating it to be a case of accident - Surveyor quantified the damage at Rs. 95,527 and out of the same Rs. 36,288 reimbursed by the Insurance - For balance cost of repair i.e. Rs. 46,078 claim..........
Insurance claim -- Malicious damage - Repudiation - After 41 months - Surveyor's report - The investigator appointed by OP to investigate the admissibility of claim - The detailed report of the Investigator not only found that the incident took place as alleged but also explained who, prime facie were likely responsible for the sabotage and what their likely motives were -..........
Medical negligence -- Compensation - Caesarean section delivery - Expert evidence - Both respondents Anaesthetist as well as Gynaecologist have not followed the standard medical protocol during the course of the caesarean section surgery on the deceased - By mishandling/improper handling of the anaeshological procedure the patient developed Hypoxic Encephalpathy leading to..........
Insurance claim -- Repudiation - Exclusionary clause - Brick kiln - Damage caused due to explosion which was caused due to gas formation from the coal burning inside the burning/baking process of bricks by local and unscientific method - Insurance policy specifically excluded any destruction or damage caused to the insured property on account of such properties own..........
