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Bombay High Court Allows Appeal in Motor Accident Claim — Sets Aside Ex-Parte Decree Due to Invalid Service of Summons. Service by affixture without prior attempt at personal service held invalid under Order V Rule 17 CPC, and ex-parte decree set aside under Order IX Rule 13 CPC.

The appellant, M/s Arjun Travels, a sole proprietorship concern, was the owner of a vehicle involved in a motor accident. The respondents, being the l...

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High Court of Karnataka Allows Cross-Objections and Dismisses Insurance Appeal in Workmen's Compensation Case — Enhances Compensation for Death of Driver. Employer-Employee Relationship Established Despite Absence of Written Contract; Insurance Company Liable to Pay Enhanced Compensation with Interest.

The case involves two appeals arising from the same accident. MFA No.31587/2010 was filed by the Insurance Company challenging the award of compensati...

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Bombay High Court Enhances Compensation for Motor Accident Victim with Amputated Hand - Tribunal's Assessment of Disability and Income Revised Upward. Functional disability assessed at 100% for a motor mechanic whose left hand was amputated, with 40% future prospects added under Motor Vehicles Act, 1988.

The appellant, Randhir Rambrij Sharma, a motor mechanic aged about 35 years, sustained severe injuries in a motor vehicle accident on 25 April 2000 wh...

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Supreme Court Upholds Acquittal in Murder Case Due to Lack of Evidence and Unreliable Witnesses. Conviction under Section 302/34 IPC and Section 120B IPC Set Aside as Prosecution Failed to Prove Conspiracy and Involvement of Accused Beyond Reasonable Doubt.

The case pertains to the murder of two individuals, Raja Mohammed (D1) and Raj Mohammed (D2), on the night of 28 December 1990 near Sarayananthal, Pap...

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Supreme Court Dismisses Review Petition of Convict in 2012 Delhi Gang Rape Case — Death Penalty Upheld. Review Petition Rejected as No Error Apparent on Face of Record; Grounds Identical to Those of Co-Accused Already Dismissed.

The Supreme Court dismissed a review petition filed by Akshay Kumar Singh, the cleaner of the bus involved in the infamous 2012 Delhi gang rape and mu...

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High Court of Bombay Upholds Compensation Award in Motor Accident Claim — Insurance Company Liable for Bus Driver's Negligence. Deceased Manager's Income Assessed at Rs.3,000 per Month with Multiplier of 17 and 50% Deduction for Personal Expenses Under Motor Vehicles Act, 1988.

The appeal was filed by the Divisional Manager of New India Assurance Company Ltd. against the judgment and award of the Motor Accident Claims Tribuna...

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High Court of Karnataka Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence. Conviction under Sections 120B, 302, 201 r/w 34 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The judgment pertains to a criminal appeal filed by four accused persons convicted by the I Additional District and Sessions Judge, Davanagere, in S.C...

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Bombay High Court Upholds Dismissal of Bus Driver for Gross Negligence in Fatal Accident. Employer's Disciplinary Action Based on Enquiry Findings Not Interfered With Under Article 226.

The petitioner, Brihanmumbai Municipal Corporation (BMC), challenged the order of the Industrial Court which had set aside the dismissal of the respon...