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Bombay High Court Allows Refund of ESI Contributions Paid Under Mistake of Law — Employer Entitled to Restitution Under Section 72 of Indian Contract Act. Mistake of Law Does Not Bar Claim for Refund Under Section 75 of ESI Act, 1948.

The petitioners, M/s. Indian Hotels Co. Limited (owner of Taj Mahal Hotel and Taj Intercontinental) and its shareholder, filed a writ petition seeking...

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Bombay High Court Dismisses Insurance Company's Revision Against MACT Award for Lack of Permission Under Section 170 of Motor Vehicles Act. Insurance Company Cannot Challenge Award on Merits Without Tribunal's Permission When Owner and Driver Are Exparte.

The Oriental Insurance Co. Ltd. filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgment an...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimants' Appeal for Enhancement Dismissed as Tribunal's Assessment of Income and Multiplier Was Correct.

The case arises from a motor accident that occurred on 20.05.2012 involving a motorcycle and a lorry. The deceased, Tajpeer, was a pillion rider on th...

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Gujarat High Court Reduces Compensation in Motor Accident Claim Due to Contributory Negligence and Income Calculation Error. Tribunal's award of Rs.1,19,95,033/- modified to Rs.1,02,55,000/- with 9% interest under Section 166 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim under Section 166 of the Motor Vehicles Act, 1988. The accident occurred on 01.09.2013 when the deceased, ...

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High Court of Karnataka Allows Owner's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Evidence on Negligence and Income. Owner Not Liable to Pay Compensation as Driver's Negligence Not Proved and Claimant's Income Not Established.

The appellant, owner of a tractor, appealed against the judgment and award of the Motor Accident Claims Tribunal, Bengaluru, in MVC No.6101/2011 dated...

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Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim — Applies Pranay Sethi Principles for Future Prospects and Multiplier. Deceased Agricultural Labourer's Dependents Granted Rs.6,84,000 with 6% Interest.

The appellants, being the wife, father, and two minor sons of the deceased Madhu Kondiba Gavali, filed a claim application under Section 166 of the Mo...

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High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Truck Parked Without Lights Found Solely Negligent. Deceased Motorcyclist Not Guilty of Contributory Negligence as Unlit Stationary Truck Was Unavoidable Hazard Under Motor Vehicles Act, 1988.

The present appeal was filed by the National Insurance Company Ltd against the judgment and order of the Motor Accident Claims Tribunal, Nagpur, in Mo...