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Gujarat High Court Allows Appeal in Motor Accident Claim — Negligence Deduction Set Aside and Compensation Enhanced. Pillion Rider Not Liable for Contributory Negligence; Income Reassessed with Future Prospects Under Motor Vehicles Act, 1988.

The appellant, Vinubhai Dayabhai Pansuriya, was a pillion rider on a motorcycle when a Maruti car driven by respondent no.1 in a rash and negligent ma...

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High Court of Gujarat Allows Appeal in Motor Accident Claim — Insurance Company Held Liable Despite Absence of Driving License. Breach of Policy Condition Not Established as Owner Failed to Produce License, But Insurance Company Must Pay and Recover.

The appellant, Balwantsinh Mahasukhbhai Chavda, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation for injuries sustained ...

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High Court Enhances Compensation for Motor Accident Victim with Permanent Disability - Tribunal's Award Modified Considering Medical Expenses and Future Loss of Income

The case involves a motor accident claim where the appellant, Rekhaben Girishbhai Patel, along with her husband and minor son, was traveling on a moto...

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Supreme Court Allows Appeal in Motor Accident Claim Case — Restores Tribunal's Compensation with Future Prospects and Consortium. Deceased's income of Rs. 15,00,000 per annum with 40% future prospects and multiplier of 15 upheld under Motor Vehicles Act, 1988.

The appeal arises from a motor accident claim where the deceased, Manoranjan Pandey, aged 39, died in a collision on 29.05.2018. The claimants, his wi...

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Bombay High Court Allows Resolution Professional to Continue CIRP Under IBC Despite Pending Winding-Up Petition Under Companies Act, 1956. Leave under Section 446 of Companies Act, 1956 granted to proceed with Corporate Insolvency Resolution Process under Insolvency and Bankruptcy Code, 2016.

The judgment concerns Company Application No. 10 of 2017 filed by the Resolution Professional of Murli Industries Limited (the corporate debtor) under...

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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Settlement Under Own Policy Bars Further Recovery. Claimant who accepted full and final settlement from his own insurer cannot claim compensation from the opposite insurer for the same damage under the Motor Vehicles Act, 1988.

The New India Assurance Co. Ltd. appealed against the judgment and award of the Motor Accidents Claims Tribunal (MACT), North Goa, Panaji, dated 18.11...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Stale Grounds. The court held that the detaining authority failed to consider the detenu's custody and the delay in passing the order vitiated the subjective satisfaction.

The petitioner, Samad Salim Khan, challenged an order of preventive detention passed by the Commissioner of Police, Mumbai, under Section 3(2) of the ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim for Minor Deceased — Compensation of Rs.79,500/- Upheld. Notional Income of Rs.15,000 per annum applied for a 6-year-old child under Motor Vehicles Act, 1988, Section 166, but no enhancement allowed without cross-appeal.

The appeal was filed by the National Insurance Co. Ltd. against the judgment and order dated 11/11/2005 of the Motor Accident Claims Tribunal, Wardha,...

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Bombay High Court Dismisses State Appeal Against Acquittal in Personation and Cheating Case — Identification of Accused Not Established. Failure to conduct Test Identification Parade and complainant's inability to identify accused in court led to acquittal under Sections 170 and 420 IPC.

The State of Maharashtra appealed against the judgment of the learned Metropolitan Magistrate, 15th Court, Mazgaon, Mumbai in Criminal Case No. 226/P/...