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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Invalid Driving License Does Not Absolve Insurer's Liability to Third Parties. Insurance Company Directed to Pay Compensation and Recover from Owner Under Section 149 of Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 13.04.2010 at about 7:00 a.m. on Ganol–Dholaka Road, within the sim of village Simej, under D...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim, Upholds Compensation for Deceased. Court holds that contributory negligence cannot be presumed and Income Tax Returns of preceding years are sufficient proof of income.

The case arises from a motor accident claim petition filed by the legal heirs of the deceased, who died in a road accident on 19.03.2018 when a traile...

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Gujarat High Court Allows ESI Corporation's Appeal in ESI Coverage Dispute — Remand Order Set Aside for Lack of Jurisdiction. ESI Court Exceeded Its Powers Under Section 75 of ESI Act, 1948 by Remanding Matter to Appellate Authority Instead of Adjudicating Dispute Itself.

The present appeal arises from a judgment dated 01.04.2023 passed by the learned ESI Court, Ahmedabad in ESI Application No. 54 of 2017. The appellant...

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High Court of Karnataka Dismisses Insurer's Petition Challenging MACT Order on Preliminary Issue in Motor Accident Claim. Subrogation Rights of Insurer Upheld Under Section 166 of Motor Vehicles Act, 1988.

The New India Assurance Company Limited, the insurer of the offending lorry (bearing no. NL 05 A 1062), filed a writ petition challenging an order dat...

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Supreme Court Upholds Damages Against Employer in EPF Act Case for Default in Contributions. Levy of Damages Under Section 14B is Consequential Upon Default Without Requirement of Mens Rea for Breach of Civil Obligations.

The appeals arose from a judgment of the High Court of Karnataka, which upheld an order for recovery of damages under Section 14B of the Employees Pro...

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Supreme Court Allows Appeal Against Appointment of Arbitrator Due to Unstamped Arbitration Agreement. Court Must Impound Unstamped Agreement Under Stamp Act Before Proceeding Under Section 11 of Arbitration Act.

The appeal arose from a sub-contract between Garware Wall Ropes Ltd. (appellant) and Coastal Marine Constructions & Engineering Ltd. (respondent) for ...

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High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Cobbler/Agricultural Labourer. Insurer Liable Jointly and Severally with Driver and Owner for Rs.2 Lacs with 9% Interest Under Motor Vehicles Act, 1988.

The appellant, New India Assurance Company Ltd., filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award...

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High Court of Gujarat Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income and Negligence of Driver. Claimants failed to establish income of deceased and contributory negligence was not considered by Tribunal.

The present appeals were filed by the National Insurance Company Ltd. under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and ...