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High Court of Judicature at Bombay Allows Appeal in Motor Accident Claim Case — Deceased Driver's Income Exceeds Threshold Under Section 163A of Motor Vehicles Act, 1988. Claim Under Section 163A Not Maintainable as Deceased's Annual Income Exceeded Rs.40,000/- Limit Prescribed Under Second Schedule.

The appellants, legal heirs of deceased Kailas Vithal Nanaware, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988 before the M...

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Bombay High Court Allows Appeal for Enhancement of Compensation in Motor Accident Claim — Deceased Supervisor's Income Assessed at Rs.4,500 per Month, Multiplier of 18 Applied, Future Prospects Added. Claimants Awarded Rs.10,90,600 with Interest at 7.5% per Annum.

The present appeal was filed by the original claimants, legal heirs of Gopal Dilip Pawar, seeking enhancement of compensation awarded by the Motor Acc...

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Bombay High Court Partly Allows Appeal by Owner of Uninsured Truck in Motor Accident Claim. Compensation Enhanced from Rs.82,200 to Rs.1,50,000 for Death of Pillion Rider Due to Rash Driving Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 22/2/1995 where Nirmala, a 57-year-old woman, died as a pillion rider on a moped after being hit by a truck. ...

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High Court of Bombay Hears Appeal Against ESI Court Order Holding Lessor as Principal Employer for ESI Dues. Dispute Involves Whether Lessor Liable Under Section 93-A of Employee's State Insurance Act, 1948 for Dues of Lessee's Employees.

The appeal arose from the dismissal of an application by the Employee State Insurance Court, Nagpur, which upheld the recovery proceedings initiated b...

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Bombay High Court Upholds Mesne Profits Award in Landlord-Tenant Dispute — Rate Fixed at Rs.1,24,099 per Month Based on Expert Evidence. Court Confirms That Mesne Profits Are Determined by Market Rent, Not Controlled Rent, and Interest at 6% p.a. Is Appropriate.

The case involves a dispute between Bata India Limited (the applicant/tenant) and Bindiya Co-operative Housing Society Limited (the respondent/landlor...

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Supreme Court Restores Workmen's Compensation for Deceased Helper, Criticizes Insurer for Dragging Poor Family into Litigation. Employer's admission of wages is binding; interest under Section 4-A of Workmen's Compensation Act, 1923 is payable from date of accident.

The appellants, parents of a deceased workman, filed a claim under the Workmen's Compensation Act, 1923, for the death of their son who worked as a he...