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High Court

Gujarat High Court Allows Divorce by Mutual Consent in Pending Appeal Based on Settlement Reached in Mediation. The court set aside the Family Court's dismissal of divorce petition and granted decree of divorce under Section 13(1)(iA) and (iB) of the Hindu Marriage Act, 1955, as parties amicably settled all disputes....

The appellant-husband filed a divorce petition under Section 13(1)(iA) and (iB) of the Hindu Marriage Act, 1955, on grounds of cruelty and desertion. The Family Court, Surat, dismissed the suit vide j...

High Court

Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Pay and Recover Order Despite Driver Being Minor Without License. Third Party Claimants Entitled to Compensation; Insurer to Recover from Owner Who Knew of Lack of License....

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the legal heirs of a deceased person who died in a road accident involving a motorcycle...

High Court

Gujarat High Court Allows Appeal in Tenancy Dispute, Remands Suit for Fresh Consideration Due to Procedural Irregularities. Trial Court's Failure to Consider Evidence and Frame Issues Vitiated the Judgment Under Section 96 of Code of Civil Procedure, 1908....

The case involves a first appeal filed under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 07.04.2024 passed by the learned City Civil Court at Ahmedabad i...

High Court

High Court of Gujarat Dismisses CRPF's Appeal in Motor Accident Claim — Upholds Tribunal's Finding of Sole Negligence and Multiplier Application. Appellant failed to prove contributory negligence and multiplier of 18 based on deceased's age of 22 years was correctly applied under Motor Vehicles Act, 1988....

The present appeal arises from a judgment and award dated 16.02.2023 passed by the 8th Additional District Judge, Ahmedabad (Rural) at Mirzapur (Tribunal) in Motor Accident Claim Petition No.796 of 20...

High Court

Gujarat High Court Allows Appeal and Enhances Compensation in Motor Accident Claim for Death of 30-Year-Old Labourer — Applies Minimum Wages, Corrects Deduction and Adds Consortium to All Dependents. The Court held that in the absence of proof of income, minimum wages should be used; deduction for personal expenses should be 1/4th for four dependents; and each dependent is entitled to consortium....

The present appeal arises from a judgment and award dated 03.10.2024 passed by the Motor Accident Claims Tribunal (Main), Dahod, in MACP No.299 of 2016. The appellants, being the widow, two minor chil...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Case — Contributory Negligence Set Aside and Future Prospects Added. Court held that contributory negligence cannot be presumed without evidence and that 40% future prospects must be added to income of deceased aged 40 years under Section 173 of Motor Vehicles Act, 1988....

The present appeal arises from a judgment and award dated 07.03.2018 passed by the Motor Accident Claims Tribunal (Auxi.), Modasa in MACP No.1967 of 2013 (Old MAC Petition No.292 of 2012). The appella...

High Court

High Court of Gujarat Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof. Claimant failed to prove deceased's income, leading to reassessment of compensation under Motor Vehicles Act, 1988....

The case involves a first appeal filed by the National Insurance Co. Ltd. against the judgment and award dated 27.03.2014 passed by the Motor Accident Claims Tribunal (Main), Anand in M.A.C.P. No. 235...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Case Due to Inadequate Compensation for Driver's Permanent Disability. Compensation Enhanced from Rs.71,300/- to Rs.3,44,800/- for Future Loss of Income, Pain and Suffering, and Loss of Amenities Under Motor Vehicles Act, 1988....

The appellant, Jayeshkumar Ravjibhai Thummar, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 16.07.2016 passed by the Motor Accident C...

High Court

Gujarat High Court Allows Appeal and Enhances Compensation for Death of Minor in Motor Accident — Applies Future Prospects and Multiplier of 18 Under Motor Vehicles Act, 1988. The court held that the Tribunal erred in not granting future prospects and proper multiplier for a minor deceased, and that the Insurance Company is liable despite owner's death....

The appellants, original claimants, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 09.02.2017 passed by the Motor Accident Claims Trib...

High Court

Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased. Deceased's contributory negligence assessed at 30% as he was sleeping on the farm where the truck was reversing, reducing the award from Rs.7,44,000 to Rs.5,20,800....

The case arises from a motor accident claim filed by the legal heirs of Ashokbhai, who died when a truck reversed and hit him while he was sleeping on his farm. The claimants sought Rs.10,00,000 compe...

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