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Bombay High Court Enhances Compensation for 85% Permanent Disability in Motor Accident Claim - Claimant's Right Leg Amputated and Fingers Lost, Tribunal's Award of Rs. 3.5 Lakh Held Inadequate, Enhanced to Rs. 10 Lakh with Interest.

The appellant, Sanjay s/o Pandit Kharat, a 31-year-old mason, filed a claim under the Motor Vehicles Act, 1988, for injuries sustained in a motor acci...

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Bombay High Court Allows Appeal for Enhancement of Compensation in Motor Accident Claim for Minor with 70% Permanent Disablement. Notional Income and Multiplier Applied for Child Claimant Under Motor Vehicles Act, 1988.

The appellant, a minor aged about 4 years at the time of the accident on 27/02/2003, suffered serious injuries when the motorcycle on which he was pil...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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Gujarat High Court Dismisses Appeal by State Transport Corporation in Motor Accident Claim — Upholds 100% Functional Disability for Amputation of Both Legs. Notional Income of Rs.3,000 per month for a 59-year-old retired claimant held justified under Motor Vehicles Act, 1988.

The appellant, Gujarat State Road Transport Corporation, challenged the judgment and award dated 12.07.2021 passed by the Motor Accident Claims Tribun...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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High Court of Gujarat Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's Scooty Hit from Behind by ST Bus; 50% Contributory Negligence Attributed to Claimant for Sudden Turn Without Indication.

The case arises from a motor accident that occurred on 04.11.2001 when the claimant, Lalitkumar Tulsidas Daiya, was riding his Scooty bearing Registra...

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High Court of Gujarat Dismisses GSRTC Appeal in Motor Accident Claim — Upholds Compensation of Rs.24,93,000 for Leg Amputation. Negligence of ST Bus Driver Solely Responsible Despite Non-Joinder of Driver and Insurer; No Contributory Negligence by Motorcyclist.

The case arises from a motor accident claim petition filed by Babubhai Jasabhai Maru (the claimant) under Section 166 of the Motor Vehicles Act, 1988,...