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Gujarat High Court Allows Appeal in Motor Accident Case — Enhances Compensation for Masonry Worker's Death. Future Prospects and Conventional Heads Added Following Pranay Sethi Principles.

The present appeal arises from a judgment and award dated 28.04.2017 passed by the Motor Accident Claims Tribunal (Aux), Junagadh, in Motor Accident C...

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Gujarat High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim — Injured Passenger with 26.47% Permanent Disability Granted Higher Award. Tribunal's Failure to Properly Assess Income and Award Conventional Heads Corrected Under Motor Vehicles Act, 1988.

The appellant, Chhaganbhai Manubhai Vaghela, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and awar...

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High Court of Gujarat Enhances Compensation for Injured Passenger in Motor Accident Claim — Notional Income Upheld but Non-Pecuniary Damages Increased. Tribunal's award of Rs.4,00,000/- enhanced to Rs.4,30,000/- with interest at 7.5% per annum for grievous injuries including fracture.

The appellant, Minaben Karsanbhai Patel, was a passenger in a Chevrolet Spark car driven by her husband on 11.06.2016. The husband lost control and co...

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High Court of Gujarat Allows Appeal in Motor Accident Claim — Insurance Company Held Liable Despite Absence of Driving License. Breach of Policy Condition Not Established as Owner Failed to Produce License, But Insurance Company Must Pay and Recover.

The appellant, Balwantsinh Mahasukhbhai Chavda, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation for injuries sustained ...

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High Court of Gujarat Enhances Compensation in Motor Accident Claim Case Due to Negligent Driving by Truck Driver. The court increased the award from Rs.1,34,200 to Rs.2,00,000 with 9% interest, considering the appellant's injuries and medical expenses.

The appellant, Arvindbhai Bhanjibhai Rathod, filed a first appeal before the High Court of Gujarat against the judgment and award dated 20.03.2015 pas...

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Madras High Court Dismisses Municipality's Appeal in EPF Dispute for Non-Compliance with Conditional Deposit Order. Failure to Deposit 35% of Award Amount Under Section 7(O) of EPF Act Leads to Dismissal of Appeal.

The Commissioner of Maraimalai Nagar Municipality filed a writ appeal against the order of the learned Single Judge dated 03.11.2023, which dismissed ...

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Bombay High Court Dismisses Petition Challenging Interim Compensation Order in Lease Dispute. Appellate court's order granting interim compensation under Section 43(1) of the Presidency Small Cause Courts Act, 1882 upheld as compensatory and not penal.

The petitioners, heirs of the original lessee Hashambhai Jetha, were granted a lease of a plot of land admeasuring 3341 sq. yards by an Indenture of L...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — No Contributory Negligence by Deceased Driver. Insurer Failed to Prove Negligence of Deceased in Head-On Collision with Tempo; MACT Award of Rs. 71,36,917 Upheld.

The case arises from a motor accident claim filed by the respondents (claimants) being the legal heirs of Sudam Auti, who died in a head-on collision ...