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High Court

Gujarat High Court Partly Allows Appeal Enhancing Compensation in Motor Accident Claim for Agricultural Worker — Notional Income Upheld at Minimum Wages but Future Prospects Increased to 40% and Conventional Heads Enhanced. The court applied the principles from Govind Yadav and Pranay Sethi to recalculate compensation for a deceased agricultural worker aged 44 years....

The appeal was filed by the original claimants, legal heirs of the deceased, against the judgment and award dated 27.07.2018 passed by the Motor Accident Claims Tribunal (Aux), Surendranagar, in Motor...

High Court

Gujarat High Court Allows Insurance Company's Appeal in Motor Accident Claim Due to Unlicensed Driver. Driver lacked valid transport licence; insurer liable to pay compensation but entitled to recover from owner and driver under 'pay and recover' principle....

The case arises from a motor accident claim where the claimant sustained injuries due to a collision between a motorcycle and a luxury bus. The Motor Accident Claims Tribunal at Anand awarded compensa...

High Court

Gujarat High Court Dismisses State Appeals in Land Acquisition Compensation Case, Upholds Enhanced Compensation for Claimants. Principle of parity applied as earlier group of appeals from same acquisition proceedings had already upheld enhanced compensation....

The Deputy Collector and Land Acquisition and Rehabilitation (Irrigation), Rajkot and others (appellants) filed multiple first appeals under Section 54 of the Land Acquisition Act, 1894 read with Sect...

High Court

Gujarat High Court Allows Appeal in Property Dispute, Sets Aside Rejection of Plaint Under Order VII Rule 11 CPC. Court Holds That Questions of Fact Regarding Validity of Power of Attorney and Sale Deed Cannot Be Decided in Summary Rejection Without Trial....

The appellants, original plaintiffs, filed Regular Civil Suit No.385 of 2022 before the City Civil Court, Ahmedabad, seeking a declaration and permanent injunction against the respondents. The plainti...

High Court

High Court of Gujarat Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 20% to 10% and Enhances Compensation. Tribunal's finding of contributory negligence set aside as no evidence of negligence by deceased driver; compensation enhanced under Motor Vehicles Act, 1988....

The present appeal under Section 173 of the Motor Vehicles Act, 1988 arises from a judgment and award dated 22.10.2021 passed by the Motor Accident Claims Tribunal (Main), Botad in MACP No.7 of 2019. ...

High Court

High Court of Gujarat Partly Allows Appeal Enhancing Compensation for Permanent Partial Disablement in Motor Accident Claim — Multiplier Corrected to 18 and Functional Disability Assessed at 15% Under Section 173 of Motor Vehicles Act, 1988....

The appellant, Ram Savraj Shakhtra, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a motor accident on 19.08.2013. While travelling on a moto...

High Court

Gujarat High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim Due to Unconsidered Medical Expenses and Inadequate Consortium. The Court held that medical bills and attendant charges must be awarded, and consortium amount should be enhanced based on number of dependants....

The appeal was filed by the legal heirs of Nileshbhai Mahendrabhai Vasant, who died in a motor accident on 01.04.2011. The deceased was traveling in a car when the driver applied sudden brakes to avoi...

High Court

Gujarat High Court Dismisses Insurance Appeal as Infructuous in Motor Accident Claim Due to Prior Coordinate Bench Decision on Negligence. Controversy settled in First Appeal No.413/2022 upholding Tribunal's finding on negligence....

The present appeal was filed by Magma HDI General Insurance Co. Ltd. challenging the judgment and award of the Motor Accident Claims Tribunal on the ground of negligence. During the hearing, learned c...

High Court

Gujarat High Court Disposes of Insurance Appeal as Infructuous in Motor Accident Claim Case Due to Prior Coordinate Bench Decision on Negligence. The appeal challenging the tribunal's finding on negligence was rendered infructuous as the same issue had already been decided by a coordinate bench in a related appeal arising from the same accident....

The case involves a first appeal filed by Magma HDI General Insurance Co. Ltd. against the judgment and award of a Motor Accident Claims Tribunal, challenging the finding on negligence. The appeal aro...

High Court

Gujarat High Court Allows Appeals in Motor Accident Claims Case Due to Error in Multiplier and Future Prospects. Compensation Enhanced from Rs. 8,50,000 to Rs. 10,10,000 for Death of 40-Year-Old Self-Employed Person....

The present appeals arise out of a motor accident that occurred on 05.01.2012, involving a truck, a car, and a tempo. The deceased Kishorbhai Popatbhai Chauhan, aged 40 years, was traveling in the car...

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All Blogs

Sort by:

Gujarat High Court Allows Insurance Company's Appeal in Motor Accident Claim Due to Unlicensed Driver. Driver lacked valid transport licence; insurer liable to pay compensation but entitled to recover from owner and driver under 'pay and recover' principle....

Gujarat High Court Dismisses State Appeals in Land Acquisition Compensation Case, Upholds Enhanced Compensation for Claimants. Principle of parity applied as earlier group of appeals from same acquisition proceedings had already upheld enhanced compensation....

Gujarat High Court Allows Appeal in Property Dispute, Sets Aside Rejection of Plaint Under Order VII Rule 11 CPC. Court Holds That Questions of Fact Regarding Validity of Power of Attorney and Sale Deed Cannot Be Decided in Summary Rejection Without Trial....

High Court of Gujarat Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 20% to 10% and Enhances Compensation. Tribunal's finding of contributory negligence set aside as no evidence of negligence by deceased driver; compensation enhanced under Motor Vehicles Act, 1988....

High Court of Gujarat Partly Allows Appeal Enhancing Compensation for Permanent Partial Disablement in Motor Accident Claim — Multiplier Corrected to 18 and Functional Disability Assessed at 15% Under Section 173 of Motor Vehicles Act, 1988....

Gujarat High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim Due to Unconsidered Medical Expenses and Inadequate Consortium. The Court held that medical bills and attendant charges must be awarded, and consortium amount should be enhanced based on number of dependants....

Gujarat High Court Dismisses Insurance Appeal as Infructuous in Motor Accident Claim Due to Prior Coordinate Bench Decision on Negligence. Controversy settled in First Appeal No.413/2022 upholding Tribunal's finding on negligence....

Gujarat High Court Allows Appeals in Motor Accident Claims Case Due to Error in Multiplier and Future Prospects. Compensation Enhanced from Rs. 8,50,000 to Rs. 10,10,000 for Death of 40-Year-Old Self-Employed Person....

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

Bombay High Court Dismisses MBBS Student's Writ Petition Seeking Fourth Attempt in Anatomy...

High Court of Bombay Hears Writ Petitions Challenging Tenancy Orders Under Bombay Tenancy ...

Supreme Court Allows Assessee in GST Limitation Case by Setting Aside Show Cause Notice fo...

Supreme Court Allows Criminal Appeal Against Acquittal in Dowry Harassment Death Case, Res...

Supreme Court Restores Criminal Appeal Against Acquittal After High Court Dismissed It as ...

Supreme Court Upholds Election Petitioner in Representation of People Act, 1951 Matter on ...

Supreme Court Quashes Domestic Violence Proceedings Against Husband Based on Prior Settlem...