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Gujarat High Court Dismisses ESI Corporation's Appeal in Work Injury Disability Assessment. Medical Appeal Tribunal's 10% Functional Disability Finding Upheld as Factual Determination Not Open to Interference Under Section 82 of ESI Act.

The Regional Director of the Employees' State Insurance Corporation (appellant) filed a First Appeal under Section 82 of the Employees' State Insuranc...

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Gujarat High Court Allows Insurance Company's Petition for Production of Disability Certificate in Motor Accident Claim. Tribunal's Rejection of Application Under Section 166 of Motor Vehicles Act, 2019 Set Aside for Denying Fair Opportunity to Cross-Examine Claimant.

The petitioner, TATA AIG General Insurance Co. Ltd., filed a Special Civil Application under Articles 226 and 227 of the Constitution of India and Sec...

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Gujarat High Court Allows Appeal in Motor Accident Claim for Amputation — Enhances Compensation with Future Prospects and Increased Pain & Suffering. Notional Income of Cleaner Assessed at Rs. 3,500 per Month with 40% Future Prospects Under Motor Vehicles Act, 1988.

The appellant, Jitendrabhai Rajendrabhai Yadav, was a cleaner in an Eicher Tempo when on 05.06.2007, a collision between two tempos on the Ahmedabad-M...

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Gujarat High Court Reduces Contributory Negligence from 20% to 10% in Motor Accident Claim — Appellant Motorcyclist Injured in Head-On Collision with Jeep. Court Held That Absence of Evidence of Negligence on Part of Claimant Warrants Reduction of Contributory Negligence and Enhancement of Compensation.

The appellant, Lahernath Raghunath Gauswami, was the original claimant in a motor accident claim petition. On 02.03.2006, while returning to his villa...

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High Court of Gujarat Enhances Compensation in Motor Accident Claim for Permanent Disability Due to Truck-Bus Collision. Claimant's income assessed at Rs.5,000 per month with 40% future prospects, and compensation increased from Rs.2,13,000 to Rs.7,47,000 with 7.5% interest.

The appellant, Rameshbhai Nanabhai Vagadiya, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and awar...

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Bombay High Court Allows Workmen's Compensation Appeal Despite Prior Motor Accident Claim. Section 167 of Motor Vehicles Act Does Not Bar Claim Under Workmen's Compensation Act When Claimant Elects One Forum and Later Seeks Higher Compensation Under Different Act.

The appellant, Narayan Chokhoba Waghbhije, was a driver employed by respondent no.1, Sangita Gharat, who owned a truck insured with respondent no.2, T...

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Bombay High Court Dismisses Insurer's Appeal in Workmen's Compensation Case — Injured Driver Awarded Full Compensation for 100% Loss of Earning Capacity. Fracture of Tibia and Fibula Resulting in Permanent Disability to Drive Vehicle Justifies Compensation Under Workmen's Compensation Act, 1923.

The appeal was filed by the United India Insurance Co. Ltd. against the judgment and order dated 21-02-2004 passed by the learned Commissioner for Wor...