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High Court of Gujarat Enhances Compensation for Injured Government Employee in Motor Accident Case — Tribunal's Global Compensation Set Aside. Loss of earning capacity assessed separately despite salary increase; non-pecuniary damages awarded under distinct heads under Motor Vehicles Act, 1988.

The appellant, Udesinh Chattrasinh Rathva, was a government employee serving in the SRP Department. On 16.12.2015, while riding a motorcycle from Vado...

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Gujarat High Court Allows Appeal in Workman Compensation Case — Death of Cleaner in Truck Accident Arising Out of and in Course of Employment. Employer's Liability Upheld Under Workmen's Compensation Act, 1923, Section 3(1) as Death Occurred During Employment Duties.

The case involves a First Appeal filed by the dependents of deceased Jayantibhai, a cleaner who died in a truck accident. The deceased was employed as...

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High Court of Gujarat Enhances Compensation in Motor Accident Claim — Deemed Passenger for Hire, Not Gratuitous Passenger. Negligence of Tempo Driver Proved; Insurance Company Held Liable to Indemnify Owner Under Motor Vehicles Act, 1988.

The present appeal arises from a judgment and award dated 30.07.2009 passed by the Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra, in M....

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Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased. Deceased's contributory negligence assessed at 30% as he was sleeping on the farm where the truck was reversing, reducing the award from Rs.7,44,000 to Rs.5,20,800.

The case arises from a motor accident claim filed by the legal heirs of Ashokbhai, who died when a truck reversed and hit him while he was sleeping on...

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Gujarat High Court Dismisses State's Appeal in Land Acquisition Compensation Case, Upholds Reference Court's Award Based on Comparable Village. Market value determined at Rs.462.76 per sq.m. for land in Village Khadki, relying on award for adjoining Village Delol which was accepted by the State.

The State of Gujarat and others filed first appeals under Section 54 of the Land Acquisition Act, 1894 read with Section 96 of the Code of Civil Proce...

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RFIRST APPEAL NO. 3732 of 2023

The High Court of Gujarat heard two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Madhya Gujarat Vij Company Limite...

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High Court of Gujarat Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased Motorcyclist — Applies 50% Deduction for Lack of Driving License and Violation of Traffic Rules

The case arises from a motor accident on 12.08.2014 when the deceased, Sartanbhai Bhalubhai Rathava, was returning as a pillion rider on a motorcycle ...

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Gujarat High Court Upholds Conviction in Cheque Bounce Case Despite Vehicle Seizure Claim. Dishonour of Cheque Under Section 138 NI Act Stands as Liability Not Extinguished by Seizure of Collateral.

The case arises from a criminal revision application filed by Shobhnaben Jayendrakumar Panchal against the judgment of the Sessions Judge, Panchmahal ...

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High Court of Gujarat Allows Appeal in Motor Accident Claim Due to Negligent Driving of Rickshaw Resulting in Death by Dupatta Entanglement. Insurance Company Held Liable to Pay Compensation as No Breach of Policy Conditions Proved.

The case involves a first appeal filed by the original claimants (appellants) against the judgment and award dated 20.10.2015 passed by the Motor Acci...