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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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High Court of Gujarat Dismisses Appeal by GSRTC and Cross-Objection by Claimants in Motor Accident Claim — Negligence of Bus Driver Upheld, Compensation of Rs.3,12,000 Affirmed. Tribunal's Assessment of Income and Multiplier Found Correct Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of Shantilal Mavjibhai Vaghela, who died in a collision between a car an...

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Gujarat High Court Reduces Contributory Negligence from 30% to 10% in Motor Accident Claim — Enhances Compensation for Partial Permanent Disability. Held that mere presence of motorcycle on the wrong side does not automatically fix contributory negligence without evidence of proximate cause.

The appellant, Vijaybhai Vikrambhai Sadmiya, was the original claimant in a motor accident claim petition arising from an accident on 23.08.2016. Whil...

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Bombay High Court Dismisses Appeal of Maharashtra State Handlooms Corporation Against ESI Coverage for Akola Sale Depot. Sale Depot Held to Be a 'Shop' Under Employees' State Insurance Act, 1948, Requiring Payment of ESI Contributions.

The appellant, Maharashtra State Handlooms Corporation Limited, challenged the judgment and order dated 18.01.2010 passed by the Industrial Court, Ako...

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Bombay High Court Allows Writ Petitions of Retrenched Daily Wagers Challenging Termination Without Compliance with Section 25-F of Industrial Disputes Act. Appointments for 11-month periods without indicating temporary nature deemed regular, termination illegal.

The petitioners, Arun Rambhau Phatak and Sarjirao Mahadeo Bhalerao, were working as Helpers to Cooks on a daily wage basis from 1984 to 2001 at Mahatm...

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Bombay High Court Dismisses Bank's Petition Challenging Arbitral Award in Counter Guarantee Dispute. Claim Barred by Limitation and Failure to Prove Invocation of Guarantee.

The petitioner, Punjab and Maharashtra Co-op. Bank Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging ...

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Bombay High Court Dismisses State's Writ Petitions Challenging Labour Court Awards in Industrial Dispute Cases. Workmen Held Entitled to Reinstatement with Continuity of Service and Back Wages as Per Section 25F of Industrial Disputes Act, 1947.

The judgment involves four writ petitions filed by the State of Maharashtra (through the Chief Engineer, Irrigation Department, and other officers) ch...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court Award of Reinstatement for Workman Terminated Orally. Employer Failed to Discharge Burden of Proof Regarding 240 Days of Continuous Service Under Section 25-B of Industrial Disputes Act, 1947.

The petitioner, the Executive Engineer of the Public Works Department, Nagpur, challenged an award dated 14.8.2003 passed by the First Labour Court, N...