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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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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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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Death Due to Accident Established on Preponderance of Probabilities. Postmortem evidence of rigor mortis not conclusive to rule out accidental death; driver's license validity not disproved.

The case arises from a motor accident claim petition filed by the husband and son of the deceased, Prabhavati Balkrushna Bhat, who died in a car accid...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable Despite Alleged License Breach. Deceased was a third party and insurer failed to prove willful breach of policy conditions under Section 149 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the dependents of deceased Ajay Avatade, who died in a road accident on 6th February 2012. The cl...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof and Applies Multiplier of 16 Instead of 17. Deceased's income assessed notionally at Rs. 4,000 per month for a 32-year-old helper with no documentary evidence of salary.

The case arises from a motor accident claim petition filed by the legal heirs of Pandharinath Rathod, who died in a road accident on 26 March 2009. Th...

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Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim — Deceased Carpenter's Income Assessed at Rs. 2,500 per Month with Multiplier of 18. Loss of Dependency Calculated at Rs. 3,60,000 with Additional Awards for Consortium and Funeral Expenses.

The appellants, the widow and minor daughter of the deceased Ambardas Bhoyar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compe...