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Bombay High Court Dismisses Union of India's Appeal and Finds Compensation Awarded to Family of Quadriplegic Army Officer Inadequate. MACT Award of Rs.13,09,500 on Death Basis Held Not Just; Court Directs Enhancement Under Motor Vehicles Act, 1988 for Tetraplegia Resulting from Road Accident.

The case arose from a motor vehicle accident on 17 October 1991, when Bhagendra Singh, a non-commissioned officer in the Indian Army, was struck by a ...

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Bombay High Court Dismisses Second Appeal in Perpetual Injunction Dispute — No Substantial Question of Law Found. The court upheld the first appellate court's concurrent findings on possession and absence of right of way under Section 100 of the Code of Civil Procedure, 1908.

The appellants-defendants filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and order dated 1st A...

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Madras High Court Reduces Compensation in Motor Accident Case Due to Contributory Negligence — Deceased Motorcyclist Found 50% Liable for Collision with Tipper Lorry. The court apportioned liability equally after finding the deceased was riding on the wrong side of the road.

The appeal was filed by the insurance company challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal in M.C.O.P.No.138...

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Bombay High Court Dismisses Arbitration Petition Challenging Award Rejecting Salvor's Claims for Idling Charges in Salvage Contract Dispute. Court upholds arbitral tribunal's finding that salvor failed to prove breach of contract and damages, and that claims were barred by accord and satisfaction.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, to an arbitral award passed by a three-member tribunal i...

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Bombay High Court Dismisses Insurance Company's Appeal in Owner's Claim for Damages — Civil Court Jurisdiction Upheld. Owner's suit against insurer for breach of contract is not barred by Section 175 of Motor Vehicles Act, 1988 as it does not fall under Chapter XII of the Act.

The case involves a second appeal by The New India Assurance Co. Ltd. against a decree passed in favor of the respondent, Abdul Qadri Abdul Ajiz, who ...

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Bombay High Court Dismisses Insurer's Appeal Against Compensation Award for Driver's Permanent Disablement. Employer and Insurer Held Jointly and Severally Liable Under Employees' Compensation Act, 1923.

The appeal arises from a judgment and award dated 7th February 2020 passed by the learned Commissioner for Employees' Compensation and Judge, Tenth La...

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Bombay High Court Considers Application to Stay Damages Claim in Admiralty Suit for Wrongful Arrest of Bunkers. Court Examines Argument That Suit for Interim Security Pending Arbitration Does Not Disclose Cause of Action, Reliance on BALCO Judgment.

An admiralty suit was filed by a foreign company against, inter alia, the bunkers on board the vessel M.V. African Eagle and its charterers, seeking a...

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Bombay High Court Allows Insurance Company's Appeal in Marine Insurance Claim Dispute, Reduces Compensation. Court holds that the trial court had territorial jurisdiction but reduces the awarded amount due to errors in calculation of damages and interest.

The New India Assurance Co. Ltd. appealed against the judgment and decree dated 30th April 2013 passed by the Civil Judge, Senior Division, Panaji in ...