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Gujarat High Court Dismisses Appeal by Insurer in Motor Accident Claim — Insurer Liable Despite Driver Without Licence as Tribunal Found No Willful Breach of Policy Condition. The court upheld the award of compensation to the injured claimant, holding that the insurer failed to prove breach of policy condition and that delay in filing claim was condoned....

The present first appeal was filed by the Commandant and another (appellants) against the judgment and award dated 23.09.2021 passed by the Motor Accident Claims Tribunal (Aux.), Kachchh in MACP No.40...

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  • 34
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Gujarat High Court Dismisses State's Appeal in Land Acquisition Compensation Case, Upholds Reference Court's Award Based on Comparable Village. Market value determined at Rs.462.76 per sq.m. for land in Village Khadki, relying on award for adjoining Village Delol which was accepted by the State....

The State of Gujarat and others filed first appeals under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and award pas...

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  • 41
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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim, Upholds Compensation to Brother and Sister-in-Law as Dependents. The court held that brother and sister-in-law can be dependents under Section 166 of the Motor Vehicles Act, 1988 if they were part of joint family and had no independent income, and the insurance company failed to prove breach of policy conditions regarding driving licence....

The case arises from a motor accident claim filed by the brother and sister-in-law of the deceased, Budhesing Virsangbhai Parmar, who died in a road accident on 14.12.2015. The deceased was a waiter a...

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  • 28
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Gujarat High Court Allows Appeal in Motor Accident Claim Due to Incorrect Income Assessment and Deduction Ratio. Deceased's income reassessed at Rs.7000 per month with 50% future prospects and 1/3 deduction, enhancing compensation from Rs.5,30,600 to Rs.9,52,000....

The appeal arises from a motor accident claim where the deceased Thakor Khengarji died in a vehicular accident on 23.02.2017 while riding as a pillion on a motorcycle. The claimants, legal heirs of th...

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  • 19
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High Court of Gujarat Allows Appeal in Motor Accident Claim — Compensation Enhanced from Rs. 2,87,000 to Rs. 6,00,000. Deceased's Income Reassessed at Rs. 4,500 per Month with Future Prospects and Multiplier of 18 Applied....

The appeal was filed by the claimants, legal heirs of deceased Ashokkumar Jivanbhai Chaudhri, who died in a motor vehicle accident on 24.11.1998. The deceased was travelling in a jeep when a truck dri...

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  • 135
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Gujarat High Court Allows Writ Petition for Reinstatement of Benefits Following Acquittal in Criminal Case — Departmental Inquiry Order Quashed Due to Non-Compliance with Natural Justice and Binding Effect of Acquittal. The court held that the acquittal of the employee in a criminal case on the same charges is binding on the disciplinary authority and the dismissal order is liable to be set aside, with consequential benefits under Articles 14, 16, 21 and 226 of the Constitution of India....

The present writ petition was filed by the heirs and legal representatives of the deceased original petitioner, Mahendrasinh Vagjhibhai Parmar, under Articles 14, 16, 21 and 226 of the Constitution of...

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  • 99
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High Court of Gujarat Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Pillion Rider — Insurance Company's Appeal Partly Allowed. The court held that a pillion rider who does not wear a helmet and is negligent contributes to the accident, reducing the liability of the insurer....

The case arises from a motor accident claim petition filed by the legal heirs of Karshanbhai Chaudhari, who died in a motorcycle accident on 13.07.2007. The deceased was a pillion rider on a motorcycl...

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  • 49
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Gujarat High Court Allows Revision in Rent Control Case — Tenant Ordered to Vacate for Arrears of Rent. Landlord's Suit for Eviction Under Section 12(3)(a) of Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 Succeeds as Tenant Failed to Pay Rent for Over 12 Months....

The case involves a revision application under Section 29(2) of the Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947 (Rent Act) filed by the original plaintiffs (landlords) against the j...

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  • 101
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Gujarat High Court Dismisses Second Appeal in Property Title Dispute — Concurrent Findings of Fact Not Disturbed. Registered Deed Not Mandatory for Relinquishment of Right; Revenue Entries Have Evidentiary Value....

The appellant, Hansaben w/o Jivan Bariya, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the concurrent findings of the trial court and the first appellate c...

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  • 87
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Gujarat High Court Allows Second Appeal in Property Dispute, Holding That Unregistered Sale Deed Cannot Transfer Title and Sanad Under Bombay Land Revenue Code Is Not Proof of Ownership. The court restored the trial court's decree in favor of the plaintiff, finding the appellate court's judgment perverse and illegal....

The case involves a property dispute where the original plaintiff, Smt. Mala Vira, widow of the deceased, filed Regular Civil Suit No.54 of 1995 seeking declaration of title and possession. The trial ...

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