Gujarat High Court

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High Court of Gujarat Partly Allows Appeal in Motor Accident Claim Case — Enhances Compensation for Death of Pushpaben Shantilal Suthar. Tribunal's award of Rs.2,60,000 enhanced to Rs.4,20,000 with interest at 7.5% per annum, applying multiplier of 13 and adding 40% future prospects....

The case arises from a motor accident that occurred on 26.10.1998, when deceased Pushpaben Shantilal Suthar was traveling in a jeep bearing registration No. GJ-2-K-1584 from Dabhad to Kheralu. The jee...

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Gujarat High Court Dismisses Second Appeal in Partition Suit Restoration Case — Upholds Rejection of Condonation of Delay of Over 10 Years. Delay of 10 years, 2 months and 6 days in seeking restoration of suit dismissed for default held not sufficiently explained, and no substantial question of law arises under Section 100 CPC....

The present Second Appeal was filed under Section 100 of the Code of Civil Procedure, 1908 by the legal heirs of the deceased original plaintiff, Piriyabhai Dediyabhai, against the judgment and decree...

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High Court of Gujarat Enhances Compensation in Motor Accident Claim Due to Inadequate Assessment of Permanent Disability and Future Prospects. The Court held that 60% disability of the lower limb translates to 30% whole body disability under the Workmen's Compensation Act, 1923, and applied 40% future prospects for a 30-year-old driver earning Rs.3,000 per month....

The appellant, Janeshwarsinh Vishwanathsinh Sharma, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 19.02.2014 passed by the Motor Acci...

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High Court of Gujarat Enhances Compensation in Motor Accident Claim Case Due to Negligent Driving by Multiple Vehicles. Apportionment of Liability Between Joint Tortfeasors Upheld Under Motor Vehicles Act, 1988....

The case arises from a motor accident claim petition filed by the legal heirs of the deceased, Amanathussain Mukhtarhussain, who died in a vehicular accident on 14.01.2010. The deceased was a passenge...

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High Court of Gujarat Enhances Compensation for Injured Passenger in Motor Accident Case — Tribunal's Award of Rs.12,300/- Set Aside and Enhanced to Rs.1,00,000/- with 9% Interest. Notional Income of Agricultural Labourer Assessed at Rs.3,000/- per Month for Computing Loss of Income and Future Prospects....

The appellant, Savitaben Jayantibhai Parmar, was a passenger in a rickshaw on 02.07.2009 when a Maruti car dashed into the rickshaw from behind, causing it to overturn. She sustained grievous injuries...

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Gujarat High Court Allows Additional Compensation Under Section 30(3) of RFCTLARR Act, 2013 for Land Acquired Under National Highways Act, 1956 — Solatium at 12% Per Annum from Date of Preliminary Notification to Award/Possession....

The petitioners filed a set of writ petitions seeking the benefit of additional compensation at 12% per annum under Section 30(3) of the Right to Fair Compensation and Transparency in Land Acquisition...

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Gujarat High Court Allows Additional Compensation Under Section 30(3) of RFCTLARR Act, 2013 for Land Acquired Under National Highways Act, 1956 — Multiplier Factor-2 Already Applied, Yet Solatium Payable on Market Value from Preliminary Notification Date...

The petitioners, whose lands were acquired under the National Highways Act, 1956, filed writ petitions seeking the benefit of additional compensation at 12% per annum under Section 30(3) of the Right ...

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Gujarat High Court Allows Petitioners' Claim for Additional Compensation on Multiplied Market Value Under Section 30(3) of RFCTLARR Act, 2013. The Court held that additional compensation @12% must be calculated on the market value determined under Section 26(2) with multiplication factor, not merely on the base market value....

The petitioners, landowners whose lands were acquired for a national highway project, challenged the non-award of additional compensation under Section 30(3) of the Right to Fair Compensation and Tran...

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Gujarat High Court Allows Correction of Date of Birth in School Records Based on Birth Register Entry Under Registration of Births and Deaths Act, 1969. Birth Register Entry Prevails Over School Register as Public Document with Evidentiary Value....

The petitioner, Hansa Raghubhai Dharaviya, filed a petition under Article 226 of the Constitution of India read with the Registration of Births and Deaths Act, 1969, seeking correction of her date of ...