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High Court of Gujarat Enhances Compensation for Death of Minor in Motor Accident — Tribunal's Award Under Section 164 MV Act Inadequate. Section 164 of Motor Vehicles Act, 1988 mandates minimum compensation of Rs.5,00,000 for death, Tribunal's award of Rs.2,04,500 set aside.

The appellant, Liliben Ajmalbhai Thakor, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award da...

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Gujarat High Court Enhances Compensation in Motor Accident Claim Due to Corrected Multiplier and Consortium Award. Negligence Apportioned Between Rickshaw and Truck Drivers Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of Shaileshbhai Vinodrai Mevada, who died in a vehicular accident on 27....

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High Court of Bombay Sets Aside Arbitral Award for Extra Overhead Expenses in Railway Contract Dispute — Clause 17(3) Bars Damages for Delay. The court held that the Arbitral Tribunal's award of compensation for delay was contrary to the express terms of the contract and the mutual shortclosure agreement.

The case involves a challenge by the Union of India (Petitioner) against an arbitral award dated 20th February 2007 passed by an Arbitral Tribunal in ...

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High Court of Bombay at Goa Dismisses State's Appeal in Land Acquisition Compensation Case — Enhancement from ₹59.58 to ₹1235 per sq. mt. Upheld. Market value determined based on exemplar sale deeds and location of acquired land in Mapusa City.

The case pertains to an appeal filed by the State (Land Acquisition Officer and Executive Engineer) against the judgment and award dated 9/02/2011 pas...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Land Acquisition for Bridge Construction — Upholds Section 5A Report and Section 6 Declaration. Petitioners' Objections Regarding Residential Structures Rejected as Acquisition Was for Public Purpose and Due Process Followed.

The petitioners, owners of land in Sanguem, Goa, challenged the acquisition of their property for construction of a parallel bridge. They purchased po...

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Bombay High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Erroneous Income Assessment. Income Tax Returns Filed After Death of Deceased Cannot Be Sole Basis for Determining Income Under Motor Vehicles Act, 1988.

The present appeal was filed by the Oriental Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988, challenging the Award dated ...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Deemed Bona Fide Passenger Based on Ticket Found on Body. Ticket from Mahule to Kempalsad on Same Route as Claimed Journey Establishes Bona Fide Passenger Status Under Section 123(c) of Railways Act, 1989.

The appellants, being the widow and minor children of Shyamrao Shende, filed a claim application before the Railway Claims Tribunal at Nagpur seeking ...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Based on Ticket Found on Body. Ticket from Mahule to Kempalsad on Same Route as Claimed Journey Establishes Bona Fide Passenger Status Under Section 124A of Railways Act, 1989.

The appellants, the widow and minor children of Shyamrao Shende, filed a claim application before the Railway Claims Tribunal at Nagpur seeking compen...