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Supreme Court Allows Appeal of Accident Victim in Motor Accident Claim Case — 100% Disability Assessed by Medical Board Must Be Accepted. Compensation Enhanced to Rs.48.70 Lakhs for Comatose Claimant with Full Dependency.

The claimant-appellant, Prakash Chand Sharma, was injured in a motor accident on 23 March 2014 when a Maruti Omni driven negligently on the wrong side...

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Bombay High Court Dismisses Bank's Petition Challenging CGIT Award Setting Aside Dismissal of Clerk for Misappropriation. Reinstatement with 60% Backwages Upheld as Enquiry Findings Were Perverse and Bank Failed to Lead Evidence.

The Petitioner-Bank (Bank of Baroda, successor of Dena Bank) challenged the Part-II and Final Awards of the Central Government Industrial Tribunal (CG...

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High Court of Bombay Enhances Compensation for 100% Disabled Claimant in Motor Accident Case — Traumatic Paraplegia Victim Awarded Enhanced Compensation with Interest. Claimant's permanent disablement due to road accident led to enhancement of compensation under Section 166 of Motor Vehicles Act, 1988.

The judgment arises from two appeals against the award of the Motor Accident Claims Tribunal, Mumbai, in Claim Application No.164 of 2005. The claiman...

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Supreme Court Allows State's Appeal in Part, Enhances Compensation for Daily Wage Worker Instead of Reinstatement. The Court held that reinstatement is not automatic for daily wage workers and monetary compensation is appropriate, especially when the dispute is raised after a long delay.

The case involves an appeal by the State of Uttarakhand against the High Court's order directing reinstatement of a daily wage worker (Beldar) who had...

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Parsi Chief Matrimonial Court Grants Divorce to Wife on Ground of Cruelty Under Section 32(dd) of Parsi Marriage & Divorce Act, 1936 — Unanimous Delegate Finding of Cruelty Upheld. Wife's Allegations of Mental and Physical Cruelty by Husband Proved, Entitling Her to Divorce and Alimony.

The Plaintiff-wife, Zenobia Ghadially, filed Parsi Suit No. 13 of 2009 in the Parsi Chief Matrimonial Court at Bombay seeking divorce from her husband...

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Bombay High Court Sets Aside Arbitral Award in Film Distribution Dispute Due to Patent Illegality and Violation of Natural Justice. The award was based on no evidence and misreading of the agreement, ignoring letters that modified the restriction on telecast rights.

The petitioner, Radha Krshna Films Ltd., challenged an arbitral award dated 05/01/2007 passed by the Joint Tribunal of the Film Makers Combine (FMC) a...

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Bombay High Court Allows Remand for Maintenance Claim Under Domestic Violence Act — Lower Courts Failed to Consider Section 20(3) Relief Despite Marriage Annulment. The court held that the failure to decide the maintenance claim necessitated a remand to the Magistrate for fresh consideration.

The petitioner, Mrs. Jovita Olga Ignesia Mascarenhas e Coutinho, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1...

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Bombay High Court Dismisses Widow and Son's Admiralty Suit for Compensation for Death of Chief Engineer on Duty — Claim Arising from Contract of Employment Not Within Admiralty Jurisdiction. No Maritime Lien Exists for Compensation for Death on Duty, and Suit Barred by Limitation.

The plaintiffs, Alice Elizabeth D'Souza (widow) and Alwin Mathew D'Souza (minor son), filed an admiralty suit against Motor Vessel Magalam (defendant ...