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High Court of Gujarat Allows Appeal in Motor Accident Claim Due to Erroneous Income Assessment and Negligence Apportionment. The court enhanced compensation from Rs.11,82,000 to Rs.23,38,000 by reassessing the deceased's income at Rs.15,000 per month and setting aside the finding of 50% contributory negligence....

The case arises from a motor accident claim petition filed by the legal heirs of Mustak Jusab Dharas, who died in a vehicular accident on 28.02.2014. The deceased was driving a Bolero Camper Jeep when...

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  • 168
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Gujarat High Court Allows Appeal in Motor Accident Claim Due to Incorrect Income Assessment and Deduction of Personal Expenses. Compensation Enhanced from Rs.13,31,000/- to Rs.22,14,200/- for Deceased Driver's Legal Heirs Under Section 173 of Motor Vehicles Act, 1988....

The present appeal arises from a motor accident claim petition filed by the legal heirs of the deceased Sikandar Jusab Dharas, who died in a vehicular accident on 28.02.2014. The deceased was travelli...

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  • 137
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Gujarat High Court Allows Appeal in Motor Accident Claim for Pedestrian Hit by Auto Rickshaw, Enhancing Compensation. Prospective income and correct multiplier applied for permanent disability under Motor Vehicles Act, 1988....

The appellant, Rameshbhai Mangalbhai Machhi, a pedestrian aged about 30 years, was hit by a Piyaggio Chhakda (auto rickshaw) on 05.12.2010 while walking on the roadside after a religious ceremony. He ...

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  • 114
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Gujarat High Court Partly Allows Insurance Appeal in Motor Accident Claim — Reduces Future Prospects from 30% to 25% for Deceased Aged 52 Years. Tribunal's Award Modified by Reducing Compensation from Rs.23,50,096/- to Rs.21,28,596/-....

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by Reliance General Insurance Co. Ltd., the insurer of the offending truck, challenging the judgment and award date...

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  • 149
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High Court of Gujarat Allows Appeal in Motor Accident Claim Case — Compensation Enhanced for Future Prospects and Consortium. Deceased was a 45-year-old businessman; Tribunal's award of Rs.3,55,998 enhanced to Rs.6,80,400 with 9% interest per annum....

The present appeal was filed by the claimants, the widow and minor daughter of the deceased, challenging the award of the Motor Accident Claims Tribunal (Auxi), Kheda at Nadiad in MACP No.1635 of 2009...

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  • 61
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High Court of Gujarat Allows Appeal in Motor Accident Claim Under Section 163-A of Motor Vehicles Act, 1988 — Negligence of Claimant Not a Bar to Claim Under No-Fault Liability. The court held that Section 163-A is a no-fault provision and the Tribunal erred in dismissing the claim on grounds of contributory negligence....

The case arises from a motor accident claim filed by Shashikant Manubhai Bhatti (since deceased, represented by legal heirs) under Section 163-A of the Motor Vehicles Act, 1988, seeking compensation o...

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  • 102
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High Court of Gujarat Dismisses/Allows Appeal in Motor Accident Claim—Decision Not Captured. Composite Negligence and Quantum of Compensation Under Section 166 of the Motor Vehicles Act, 1988 Were the Key Issues....

The matter involves an appeal and cross-objections arising from the judgment and award dated 14th August 2020 passed by the Motor Accident Claim Tribunal, Vadodara, in MACP No. 655 of 2011. The claim ...

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  • 66
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High Court of Gujarat Allows Appeal in Motor Accident Claim Case Due to Tribunal's Failure to Consider Evidence — Claimants Entitled to Compensation Under Section 163A of Motor Vehicles Act, 1988. The Court held that under Section 163A, the claimant need not prove negligence, and the Tribunal erred in dismissing the claim on the ground that the offending vehicle was not identified....

The present appeal was filed by the original claimants, being the wife, major children, and parents of the deceased Shantilal Kalabhai Garasia, a Police Inspector who died in a motor vehicle accident ...

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  • 185
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Gujarat High Court Allows Civil Revision Application, Rejects Plaint as Barred by Limitation and Without Cause of Action in Suit Challenging Sale Deed After Nine Years. The court held that a suit filed nine years after the execution of a sale deed is ex facie barred by limitation under Article 58 of the Limitation Act, 1963, and the plaint must be rejected under Order VII Rule 11 CPC....

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, was filed by the applicant, Casme Industrial Park Development India Private Limited, challenging the orde...

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  • 314
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Gujarat High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — No Evidence of Abetment to Suicide or Cruelty Under Sections 498A, 306, 114 IPC. The court upheld the trial court's finding that the deceased's dying declaration did not implicate the accused for abetment and that the prosecution failed to prove cruelty or dowry demand....

The State of Gujarat appealed against the acquittal of Natvarsinh Manabhai Sodha Parmar and others (respondents) by the Sessions Judge, Kheda at Nadiad in Sessions Case No.14 of 2010 for offences unde...

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