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Gujarat High Court Allows Appeal in Motor Accident Claim, Holds Contributory Negligence Not Applicable to Third-Party Claimant. Court sets aside Tribunal's finding of sole negligence on jeep driver and remands for fresh assessment of compensation under Motor Vehicles Act, 1988.

The appellant, Nagjibhai Dhanabhai Rabari, the original claimant, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging ...

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High Court Allows Writ Petition Under Article 227, Sets Aside Industrial Court's Finding That Fire Brigade Department Is Not Industrial Establishment -- Matter Remanded For Fresh Consideration

The petitioner, Mumbai Fire Services Union, filed a writ petition under Article 227 of Constitution of India challenging the Industrial Court's findin...

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Supreme Court Quashes Dismissal Order of Police Officer for Violation of Article 311(2) Safeguards - Dismissal Without Departmental Inquiry Held Illegal as Reasons for Dispensing with Inquiry Were Insufficient and Not Supported by Concrete Evidence.

The appeal arose from the dismissal of a police officer from service without conducting a departmental inquiry, invoking clause (b) of the second prov...

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High Court of Karnataka Enhances Compensation for Land Acquisition for Minor Irrigation Tank — Market Value Determined at Rs. 1,50,000 per Acre with 30% Solatium and 12% Additional Market Value. Comparable Sales Method Applied Under Section 23 of Land Acquisition Act, 1894 to Fix Enhanced Compensation.

The appellants, whose land was acquired for construction of a minor irrigation tank, challenged the judgment and award of the Reference Court dated 18...

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Bombay High Court Quashes Compulsory Retirement of Municipal Employee Before Age 58 — Violation of Service Regulations. Compulsory retirement at age 55 without following Regulation 25(3) of BMC Service Regulations, 1989 set aside as arbitrary and illegal.

The Petitioner, Smt. Yashoda Bapu Jadhav, was an employee of the Municipal Corporation of Greater Mumbai (BMC). She was compulsorily retired at the ag...

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Gujarat High Court Allows Appeal in Motor Accident Case for Minor Amputee — Compensation Enhanced for Loss of Marriage Prospects and Permanent Disability. Tribunal's failure to award adequate compensation for amputation of right leg corrected under Motor Vehicles Act, 1988.

The appellant, a minor girl, was hit by a Hyundai car driven rashly and negligently by respondent No.1 while she was walking on the kacha portion of t...

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Gujarat High Court Allows Appeal of Minor Injured in Motor Accident — Compensation Enhanced from Rs. 17,52,000/- to Rs. 23,88,000/-. Notional income of minor assessed at Rs. 15,000/- per month with 40% future prospects and 67.53% permanent partial disability.

The case involves an appeal by the original claimant, a minor injured in a motor accident, against the judgment and award dated 15.03.2022 passed by t...

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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...