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High Court of Gujarat Enhances Compensation for Injured Motorcyclist in Motor Accident Claim — Tribunal's Award of Rs.10,44,212/- Modified to Rs.25,00,000/- with 9% Interest. Future Loss of Income Recalculated Based on Notional Income of Rs.4,500/- per Month and 40% Disability.

The appellant, Ambala Muljibhai Makwana (since deceased, represented by legal heirs), was driving a motor cycle on 18.01.2003 when a tanker bearing re...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Error in Multiplier Application. Tribunal's use of multiplier '13' for a 61-year-old claimant was contrary to Sarla Verma v. DTC guidelines; correct multiplier is '9'.

The appeal was filed by the Oriental Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated ...

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Bombay High Court Allows Petition of Contractual Employee for Maternity Benefit under Maternity Benefit Act, 1961. Denial of maternity benefit to a woman on contractual basis held unconstitutional and violative of Article 21 of the Constitution.

The petitioner, Archana Dahifale, was employed as a Project Officer on a contractual basis with the respondent No.2 Institute since 2015. Her contract...

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Bombay High Court Dismisses Union's Petition Challenging Transfer of Employees Under EPF Act — Transfer of Employees to Subsidiary Not a 'Transfer of Establishment' Under Section 7A of EPF Act

The petitioner, Aviation Karmachari Sanghatana, a trade union representing employees of Pawan Hans Ltd. (respondent no.1), filed a writ petition chall...

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Bombay High Court Allows Petitions Challenging Settlement in Industrial Dispute for Breach of Section 12 of Industrial Disputes Act and Rule 11 of Industrial Disputes (Bombay) Rules. Settlement Dated 5.9.2008 Quashed as Void Ab Initio for Non-Compliance with Mandatory Conciliation Procedure.

The judgment concerns two writ petitions challenging a settlement dated 5.9.2008 arrived at in conciliation between NRC Limited (the company) and NRC ...

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Bombay High Court Allows Workmen's Petitions Challenging Denial of Wages Under Section 17B of Industrial Disputes Act, 1947 — Closure of Establishment Not a Ground to Deny Wages During Pendency of Employer's Challenge to Reinstatement Award.

The present batch of writ petitions was filed by workmen challenging the order of the Industrial Court, Kolhapur, which while staying the execution of...