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High Court of Gujarat Enhances Compensation for Injured Passenger in Motor Accident Claim — Notional Income Upheld but Non-Pecuniary Damages Increased. Tribunal's award of Rs.4,00,000/- enhanced to Rs.4,30,000/- with interest at 7.5% per annum for grievous injuries including fracture.

The appellant, Minaben Karsanbhai Patel, was a passenger in a Chevrolet Spark car driven by her husband on 11.06.2016. The husband lost control and co...

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Gujarat High Court Allows Appeal for Enhanced Compensation in Motor Accident Case for Permanent Disability Despite No Loss of Income. Claimant with 40% permanent disability entitled to compensation for loss of amenities and future medical expenses under Motor Vehicles Act, 1988.

The appellant, Manharbhai Somabhai Patel, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award d...

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Gujarat High Court Dismisses Owner's Appeal in Motor Accident Claim — Pay and Recover Order Upheld. Insurance Company Directed to Pay Enhanced Compensation of Rs. 7,00,000 to Claimants and Recover from Owner for Driving Without Valid Permit.

The case arises from a motor accident claim petition filed by the legal heirs of a deceased cleaner who died when he fell from a Bolero vehicle (No. G...

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Gujarat High Court Enhances Compensation in Motor Accident Claim Case — Deceased was 22-year-old bachelor, Tribunal's assessment of notional income and multiplier upheld but future prospects and consortium amounts modified.

The present appeal arises from a judgment and award dated 20.04.2019 passed by the Motor Accident Claims Tribunal (Aux), Bhavnagar in MACP No.13 of 20...

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Gujarat High Court Dismisses GSRTC Appeal in Motor Accident Case Due to Smallness of Amount and Modifies Liability Apportionment. Claimants' Cross-Objection for Enhancement of Compensation Dismissed as No Grounds Made Out.

The case arises from a motor accident claim petition filed by the original claimants (respondents) before the Motor Accident Claims Tribunal, Patan, s...

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Bombay High Court Allows Production of Documents in Land Acquisition Reference for Fair Adjudication — Rejects Technical Objections to Late Filing. Documents Marked for Identification During Evidence Held Admissible Under Section 151 CPC to Advance Substantial Justice.

The petitioners, Mr. Avelino Rodrigues and Mrs. Carolina Ana Rodrigues, filed a writ petition challenging an order dated 21.10.2011 passed by the lear...

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High Court of Bombay at Goa Dismisses Landowner's Appeal for Enhanced Compensation and Allows State's Appeal Restoring Original Award. Market Value of Land Acquired for Fire Station Determined at Rs.70 per sqm Based on Comparable Sales and Development Potential.

The case involves two appeals arising from a land acquisition proceeding. The land belonging to the applicants (appellants in FA 225/2003) was acquire...

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Bombay High Court Modifies Land Acquisition Award in State Appeal — Market Value Reduced to Rs.22.58 per sqm Based on Comparable Sale Instance. Separate Compensation for Trees and Section 23(1A) Benefits Denied as Award Pre-dated 1984 Amendment.

The State of Maharashtra appealed against the judgment and award of the Reference Court under Section 18 of the Land Acquisition Act, 1894, which enha...