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Madras High Court Enhances Compensation for Injured Claimants in Motor Accident Case, Upholds Negligence Finding Against Insurer. Compensation for father and son enhanced based on medical expenses, loss of earning capacity, and future medical expenses under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on June 30, 2018, at about 21:30 hours, when a father and son duo were riding their TVS XL Motorcy...

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Supreme Court Upholds Limitation of Liability Clause in Arbitration Case — Clause 49.5 Bars Damages for Employer Delay. Contractual prohibition on claiming damages for employer-caused delay held valid and enforceable under the Arbitration and Conciliation Act, 1996.

The dispute arose from a construction contract between M/s. C & C Constructions Ltd. (appellant) and IRCON International Ltd. (respondent) for buildin...

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Bombay High Court Allows Contractor's Appeal in Arbitration Jurisdiction Dispute — Arbitrator Appointed Under Clause 55 of Contract Has Jurisdiction Despite Final Bill Payment. Claims Rejected in December 1993 Gave Fresh Cause of Action, Appointment in 1994 Valid.

The case involves a dispute between the State of Maharashtra (plaintiff/respondent) and M/s M.R. Mutha, Engineers and Contractors (defendant/appellant...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Pipeline Construction Dispute. Court upholds arbitrator's findings on breach of contract and quantum of damages, rejecting challenge under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Mahanagar Gas Ltd., challenged an arbitral award dated 5th March 2010 passed by a sole arbitrator under Section 34 of the Arbitration ...

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Bombay High Court Allows Insurance Claim for Goods Destroyed by Fire During Customs Delay — Insurer Liable Despite Policy Issued After Goods Were in Port. The court held that the plaintiff had an insurable interest and the policy covered the loss by fire, rejecting the insurer's defense of no risk.

The plaintiff, M/s. Hasmukhrai Chandrakant, filed a suit against The Oriental Fire and General Insurance Co. Ltd. for recovery of Rs.18,70,322.42 with...