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State Consumer Commission sets aside a medical negligence order, remanding the case for evaluation by an expert medical board due to conflicting diagnoses between hospitals. The ruling underscores the necessity of expert opinion in cases involving diagnostic divergence under the Consumer Protection Act.
The Supreme Court reiterated that motor accident compensation claims must be adjudicated on the 'preponderance of probabilities' standard, not criminal law standards. The ruling sets aside concurrent findings of negligence where the Tribunal and High Court failed to apply this civil law principle, impacting compensation calculations under the Motor Vehicles Act 1988.
J&K High Court holds the State strictly liable for failing to fence a hazardous forebay tank, resulting in the drowning of three children. The ruling reinforces that Article 21 imposes a positive duty on authorities to secure dangerous public infrastructure, entitling victims to compensation even without proven negligence.
Punjab and Haryana High Court holds that brake failure without proof of maintenance triggers res ipsa loquitur presumption; driver must rebut burden of negligence.