RFIRST APPEAL NO. 3732 of 2023...
The High Court of Gujarat heard two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Madhya Gujarat Vij Company Limited (MGVCL) against the orders dated 31.03.2023 of t...
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High Court
High Court of Gujarat Enhances Compensation in Motor Accident Claim for Permanent Disability Due to Truck-Bus Collision. Claimant's income assessed at Rs.5,000 per month with 40% future prospects, and compensation increased from Rs.2,13,000 to Rs.7,47,000 with 7.5% interest....
The appellant, Rameshbhai Nanabhai Vagadiya, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 15.04.2022 passed by the Motor Accident Cl...
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High Court
Gujarat High Court Allows Appeal in Motor Accident Claim for Cleaner-Cum-Conductor Death — Enhances Compensation by Applying Multiplier of 18 and Adding Future Prospects. Notional Income of Rs. 3,000/- per month with 40% future prospects and multiplier of 18 applied under Motor Vehicles Act, 1988....
The present appeal under Section 173 of the Motor Vehicles Act, 1988 arises from a judgment and award dated 01.07.2019 passed by the Motor Accident Claims Tribunal (Auxi.), Bhavnagar in MACP No.234 of...
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High Court
Gujarat High Court Enhances Compensation in Motor Accident Claim for Grievous Injuries — Future Prospects and Pain & Suffering Reassessed. The Court held that 10% future prospective income must be added for a 54-year-old labourer and enhanced compensation under conventional heads, relying on Govind Yadav v. National Insurance Co. Ltd....
The appellant, a 54-year-old labourer, sustained grievous injuries in a motor vehicle accident on 07.04.2009 when a truck driven rashly and negligently collided with the jeep he was traveling in. He f...
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High Court
High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Sole Negligence of Tanker Driver. The court held that the insurance company failed to prove contributory negligence or breach of policy conditions, affirming the Tribunal's award under Section 173 of the Motor Vehicles Act, 1988....
The case arises from a motor accident claim petition filed by the legal heirs of Babubhai Dhudabhai Patel, who died in a road accident on 01.08.2018. The deceased was riding a motorcycle when a tanker...
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High Court
High Court of Gujarat Partly Allows Insurance Company's Appeal in Motor Accident Claim for Homemaker Deceased — Reduces Compensation Due to Erroneous Future Prospects and Income Assessment. Future Prospects Capped at 40% Under Pranay Shethi Principles and Notional Income Reduced to Rs.10,000 Per Month....
The appeal was filed by IFFCO TOKIO General Insurance Co. Ltd. against the judgment and award dated 15.02.2024 passed by the Motor Accident Claims Tribunal (Auxi.), Bharuch in MACP No.226 of 2016. The...
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High Court
High Court of Gujarat Allows Appeal in Motor Accident Claim Due to Negligent Driving of Rickshaw Resulting in Death by Dupatta Entanglement. Insurance Company Held Liable to Pay Compensation as No Breach of Policy Conditions Proved....
The case involves a first appeal filed by the original claimants (appellants) against the judgment and award dated 20.10.2015 passed by the Motor Accident Claims Tribunal (Auxiliary), Panchmahal at Go...
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High Court
Gujarat High Court Dismisses Appeal of Legal Heir in Trust Property Dispute. Claim of Ownership and Adverse Possession Fails as Land Registered as Trust Property Under Gujarat Public Charitable Trust Act, 1950....
The appellant, Niteshbhai Bhanjibhai Khetiya, filed a first appeal under Section 96 of the Code of Civil Procedure, 1908 read with Section 72(4) of the Gujarat Public Charitable Trust Act, 1950, chall...
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High Court
Gujarat High Court Confirms Death Sentence for Rape and Murder of 9-Year-Old Child Under POCSO Act and IPC. The court held that the case falls within the 'rarest of rare' category due to the brutal nature of the crime and the vulnerability of the victim....
The case involves the confirmation of a death sentence awarded to the appellant, Pradip Rajesh Rajkumar Gupta, by the Additional Sessions Court at Valsad in Special POCSO Case No.73 of 2022. The appel...
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High Court
Gujarat High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — Prosecution Fails to Prove Dowry Demand and Cruelty Beyond Reasonable Doubt. Acquittal of husband and in-laws under Sections 498A, 306, 304B IPC upheld due to lack of credible evidence and inconsistencies in prosecution case....
The State of Gujarat filed an appeal against the judgment and order of acquittal dated 16.09.1997 passed by the learned Sessions Judge, Jamnagar in Sessions Case No.100 of 1996, whereby the trial cour...
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