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High Court of Karnataka Quashes Execution Court Order in Land Acquisition Reference — Directs Deposit of Enhanced Compensation as Per Original Award. Execution Court Exceeded Jurisdiction by Recomputing Compensation Contrary to Final Judgment Under Section 18 of Land Acquisition Act, 1894.

The petitioners, claimants in a land acquisition reference under Section 18 of the Land Acquisition Act, 1894, obtained a judgment and award dated 07....

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High Court of Karnataka Allows Enhancement of Compensation in Motor Accident Claim — Deduction of Insurance Premium from Compensation Set Aside. Claimants entitled to full compensation without deduction of premium paid by employer under group insurance scheme.

The claimants, mother, father, and brother of the deceased Sagar N, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, against the ...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Deceased was a 60-year-old agriculturist earning Rs.6,000 per month; Tribunal's notional income of Rs.4,500 per month enhanced to Rs.6,000 per month with multiplier of 9 and 1/3rd deduction for personal expenses.

The appeal was filed by the claimants (wife and children of the deceased Buddappa) under Section 173(1) of the Motor Vehicles Act, 1988, against the j...

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Bombay High Court Allows Writ Petition by Resident Welfare Association Against Developer for Non-Payment of Adequate Compensation Under DCR 33(7). MHADA Directed to Determine and Enforce Compensation for Temporary Alternate Accommodation as Per Notarized Agreements.

The petitioner, Kagalwala Building Resident Welfare Association, representing residents of a building being redeveloped by respondent No.4 (Aaraaish D...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Contract Dispute Over Shipment Date. Minor Deviation from Contract Date Does Not Render Award Perverse Under Section 34 of Arbitration and Conciliation Act, 1996.

The appeal arose from a judgment of a Learned Single Judge dismissing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, chall...

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Bombay High Court Dismisses Writ Petition Seeking Compensation for Aircraft Crash Damage Due to Alternative Remedy of Suit. Petitioners' claim for Rs. 75 lakhs for destruction of bungalow by naval aircraft crash rejected as writ court not appropriate forum for disputed facts.

The petitioners, owners of plots in Dabolim village, Goa, constructed a bungalow on the land. On 1st October 2002, a naval aircraft belonging to the r...

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Bombay High Court Enhances Compensation in Land Acquisition Case for Metro Centre Project. Claimant's Appeal Partly Allowed; State's Appeal Dismissed.

The case involves two cross-appeals arising from a land acquisition reference. The claimant, Arvind Bhaskar Limaye, owned land in Survey No.48/B admea...

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Bombay High Court Partially Allows State and Claimant Appeals in Land Acquisition Compensation Case — Market Value Determined at Rs. 30 per sq.m. with 30% Deduction for Development. Court applies belting method and deducts development cost for large land parcel acquired for Nhava-Sheva water supply.

The case involves two appeals arising from the same award dated 30th September 1989 passed by the Civil Judge, Senior Division, Raigad at Alibag in La...

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Bombay High Court Dismisses MSRTC Appeal in Fatal Bus Accident Case — Compensation Award of Rs.2,52,000/- Upheld. Doctrine of Res Ipsa Loquitur Applied to Establish Negligence Under Motor Vehicles Act, 1939.

The appellant, Maharashtra State Road Transport Corporation (MSRTC), challenged the award of the Motor Accident Claims Tribunal, Satara, dated 31st De...