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Gujarat High Court Partly Allows Appeal in Motor Accident Claim — Enhances Compensation Under Conventional Heads. 10% Contributory Negligence Upheld in Head-on Collision Under Motor Vehicles Act, 1988 Section 173.

The case arises from a motor accident claim petition filed by the legal heirs of deceased Nirmalkumar Lavkumar Thakar, who died in a collision between...

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Bombay High Court Dismisses ESIC Petition Challenging CAT Order Setting Aside Termination Based on Admission of Charges. Admission of Charges in Disciplinary Inquiry Requires Closure of Inquiry; Further Proceedings Violate Natural Justice.

The Employees' State Insurance Corporation (ESIC) challenged the judgment of the Central Administrative Tribunal (CAT) which set aside the termination...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Claimants' Appeal Dismissed as No Error Found in Tribunal's Assessment of Income and Multiplier.

The case involves two appeals arising from a motor accident claim. The accident occurred on 20th June 2013 when the deceased, Umesh M. Kholkar, was ri...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Erroneous Deduction and Multiplier. Deceased bachelor's personal expenses deduction corrected to 1/3rd, multiplier reduced to 16 based on mother's age, and 10% contributory negligence applied.

The appellant, an insurance company, challenged the award of the Motor Accident Claims Tribunal granting Rs. 1,02,00,000 to the respondents, legal hei...

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Bombay High Court Dismisses Club's Appeal Against ESI Interest Demand — Interest Under Section 39(5)(a) of ESI Act, 1948 is Mandatory and Cannot Be Waived. Voluntary Coverage and Deposit of Principal Without Prejudice Do Not Extinguish Statutory Interest Liability.

The appellant, Bombay Gymkhana Limited, a club incorporated under the Indian Companies Act, 1913, was initially covered under the Employees' State Ins...

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Madras High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased motorcyclist found 50% contributory negligent for head-on collision with another two-wheeler; Tribunal's award modified under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the dependents of the deceased Kannan, who died in a collision between two two-wheelers ...