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Supreme Court Dismisses Appeals by Appellants -- Upholds Committee of Creditors' Approval of Sarda Energy and Minerals Limited's Resolution Plan Under Insolvency and Bankruptcy Code, 2016 -- Doctrine of Commercial Wisdom Affirmed in Insolvency Resolution

The Supreme Court upheld the approval of a Resolution Plan by Sarda Energy and Minerals Limited (SEML) for SKS Power Generation (Chhattisgarh) Ltd. un...

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Gujarat High Court Reduces Contributory Negligence from 30% to 10% in Motor Accident Claim — Enhances Compensation for Partial Permanent Disability. Held that mere presence of motorcycle on the wrong side does not automatically fix contributory negligence without evidence of proximate cause.

The appellant, Vijaybhai Vikrambhai Sadmiya, was the original claimant in a motor accident claim petition arising from an accident on 23.08.2016. Whil...

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Gujarat High Court Partly Allows Insurance Appeal in Motor Accident Claim — Reduces Future Prospects from 30% to 25% for Deceased Aged 52 Years. Tribunal's Award Modified by Reducing Compensation from Rs.23,50,096/- to Rs.21,28,596/-.

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by Reliance General Insurance Co. Ltd., the insurer of the offend...

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Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Non-Dependency of Claimants. Compensation Reduced as Brother and Niece of Deceased Pedestrian Not Entitled to Loss of Dependency Under Motor Vehicles Act, 1988.

The present appeal arises from a motor accident claim petition filed by the legal heirs of Maheshbhai Jaysukhlal Vora, a pedestrian aged 74 years, who...

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High Court of Gujarat Enhances Compensation in Motor Accident Claim for Injured Claimant — Future Prospects and Minimum Wages Considered. Tribunal's award of Rs.3,68,687/- enhanced to Rs.5,00,000/- by applying minimum wage of Rs.8,000/- per month and 40% future prospects under Motor Vehicles Act, 1988.

The appellant, Vipulkumar Popatbhai Parmar, was the original claimant in a motor accident claim petition arising from an accident on 12.06.2018. He wa...

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Gujarat High Court Sets Aside Ex-Parte Decree in Summary Suit Due to Lack of Proper Service of Summons. Remands Matter for Fresh Hearing After Finding Bailiff Report Indicated Summons Returned Unserved.

The present First Appeal was filed by the original defendants challenging the judgment and decree dated 30.7.2004 passed by the learned Chamber Judge,...

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Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Case, Holding Deceased 20% Contributory Negligent. Compensation Reduced from Rs. 97,07,248 to Rs. 77,65,798 with 7.5% Interest.

The case arises from a motor accident that occurred on 02.09.2016 when the deceased, Jigneshkumar Kanayalal Parekh, was riding his motorcycle on the m...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Due to Negligent Parking of Tanker. Court Upholds Compensation of Rs.97,07,248 for Death of Motorcyclist, Holding Tanker Driver Solely Negligent for Parking Without Reflectors at Night.

The case arises from a motor accident on 02.09.2016 when Jigneshkumar Kanayalal Parekh was driving his motorcycle on the main State Highway near Gopip...

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High Court of Gujarat Dismisses GSRTC Appeal in Motor Accident Claim — Upholds Compensation of Rs.24,93,000 for Leg Amputation. Negligence of ST Bus Driver Solely Responsible Despite Non-Joinder of Driver and Insurer; No Contributory Negligence by Motorcyclist.

The case arises from a motor accident claim petition filed by Babubhai Jasabhai Maru (the claimant) under Section 166 of the Motor Vehicles Act, 1988,...

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High Court of Gujarat Dismisses Appeal by GSRTC in Motor Accident Claim — Upholds Award of Rs.24,93,000 for Amputation of Leg. ST Bus Driver Held Solely Negligent; No Contributory Negligence by Motorcyclist Established Under Section 166 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by Babubhai Jasabhai Maru (the claimant) under Section 166 of the Motor Vehicles Act, 1988,...