Search Results for "Desai Award"

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Supreme Court Dismisses Appeal by Insurance Company, Holds Mediclaim Amount Not Deductible from Motor Accident Compensation. Contractual Insurance Benefit Is Independent of Statutory Compensation Under Motor Vehicles Act, 1988, and Cannot Be Deducted to Avoid Double Recovery.

The Supreme Court in this appeal considered the question whether amounts received by a claimant under a Mediclaim policy are deductible from the compe...

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Gujarat High Court Allows Appeal of Claimants in Motor Accident Case — Negligence of Scooter Driver Cannot Be Attributed to Pillion Rider. Compensation Enhanced from Rs.2,51,325 to Rs.9,26,800 for Death of 28-Year-Old Mason in Bus Collision Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the deceased, Bhikhaji Thakor, was a pillion rider on a scooter that was hit by a Gujarat State Road...

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Gujarat High Court Allows Appeal in Motor Accident Claim Due to Erroneous Deduction of Personal Expenses and Incorrect Multiplier Application. Compensation Enhanced from Rs.3,36,850 to Rs.5,23,600 for Death of 25-Year-Old Bachelor in Head-On Collision.

The appeal was filed by the original claimants (legal heirs of deceased Yashwant Dagdu Patil) against the judgment and award dated 05.01.2010 passed b...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Power of Review Under Arbitration Act. Review petition against judgment setting aside arbitral award dismissed as Arbitration Act is a self-contained code with no review provision, and Section 5 limits judicial intervention.

The review petitioner, Kalpataru Power Transmission Ltd., sought recall of the judgment dated 8 November 2019 in Commercial Arbitration Petition No. 3...

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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim — Sets Aside MACT Dismissal for Failure to Prove Negligence. Claimant's evidence of rash driving by respondent motorcyclist found sufficient to establish negligence under Section 166 of Motor Vehicles Act, 1988.

The appellant, Mr. Sameer S. Desai, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribun...

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Bombay High Court Dismisses Petition Seeking Release from Investor Protection Fund Due to Client Code Mismatch. Claim Rejected as Contract Notes Did Not Match Trade Files of Stock Exchange.

The petitioner, Saurin T. Parikh, proprietor of Shah Investment, filed a writ petition seeking to set aside an order dated 25th May 2005 passed by the...