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Gujarat High Court Partly Allows Appeal in Motor Accident Claim for Minor Deceased. Notional Income of Rs. 30,000 Per Annum Upheld, but Deduction for Personal Expenses Set Aside.

The appellants, original claimants, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 31.07.2023...

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Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank Against Finolex Industries Under Section 433(e) Companies Act, 1956 — Disputed Derivative Transaction Debt Precludes Summary Winding-Up. Court Holds That Winding-Up Petition Is Not a Debt Recovery Mechanism and Dismisses Petition with Costs.

The judgment arises from a Company Petition filed by Deutsche Bank AG, Mumbai Branch, seeking winding-up of Finolex Industries Limited under Section 4...

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Bombay High Court Allows Partition Appeal in Hindu Succession Case — Daughter Entitled to Equal Share in Ancestral Property. Court holds that a married daughter is a coparcener under the Hindu Succession Act, 1956, and notional partition cannot defeat her rights.

The case involves a dispute over ancestral properties between a sister (respondent/plaintiff) and her brother's family (appellants/defendants). The re...

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Gujarat High Court Allows Appeal in Motor Accident Claim — Notional Income Enhanced from Rs.7,500 to Rs.10,000 per Month for Deceased Pedestrian. Compensation Increased to Rs.15,38,000 with Enhanced Conventional Heads Under Motor Vehicles Act, 1988.

The present appeal arises from a judgment and award dated 27.03.2024 passed by the Motor Accident Claims Tribunal (Main), Kheda at Nadiad, in Motor Ac...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation for Death of 17-Year-Old Student. Notional Income of Deceased Student Fixed at Rs.3,000 Per Month Instead of Rs.10,000, Applying Multiplier of 18 and Deducting 50% for Personal Expenses.

The appeal arises from a judgment and award dated 03.05.2010 passed by the Motor Accident Claims Tribunal, Nagpur in M.A.C.P. No.980/2006. The appella...

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High Court of Gujarat Partly Allows Appeal in Motor Accident Claim — Notional Income of Minor Deceased Enhanced from Rs.3,000 to Rs.8,000 per Month. Compensation Recalculated to Rs.10,30,000 with Enhanced Amount Payable at 6% Interest.

The appeal arose from a motor accident claim where the deceased, a 17-year-old boy, died in a truck accident on 27.05.2017. The claimants, legal heirs...

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Gujarat High Court Partly Allows Appeals in Motor Accident Case — Notional Income Upheld but Loss of Consortium Awarded. Claimants Failed to Prove Higher Income of Deceased Couple, but Entitled to Rs.40,000 Each for Loss of Consortium Under Motor Vehicles Act, 1988.

The present appeals arise out of a motor accident that occurred on 12.05.2018, wherein the deceased Rakesh Maheshbhai Makwana and his wife Ramilaben R...

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Gujarat High Court Allows Appeal in Motor Accident Claim — Notional Income Enhanced to Minimum Wage Rate. Deceased's Income Reassessed at Rs.8,655 per Month Under Motor Vehicles Act, 1988, Resulting in Enhanced Compensation of Rs.15,00,000.

The case arises from a motor accident on 29.08.2019, wherein Ajaj Firojbhai Mirchandani, an occupant in a car, died due to the driver's rash and negli...