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Bombay High Court Allows Appeal in Workmen's Compensation Case — Enhances Compensation for Permanent Partial Impairment. Commissioner's assessment of disability at 40% set aside; 65% disability as per medical certificate accepted under Workmen's Compensation Act, 1923.

The appellant, Binddadin Ramasray Varma, was a labourer working on a truck owned by respondent no.1. On 13 December 2003, he sustained a compression f...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Tractor Owner and Driver Held Liable for Compensation Despite Insurance Company's Exoneration. Deceased was a Gratuitous Passenger in Tractor Trolley, Not Covered by Insurance Policy; Owner and Driver Liable to Pay Compensation with Interest.

The case arises from a motor accident claim filed by the legal representatives of Bhanudas Kisan Goswami, who died in a tractor-trolley accident on 26...

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Bombay High Court Partly Allows Appeal by Owner and Driver in Motor Accident Claim — Compensation Enhanced from Rs.17,77,000 to Rs.26,87,368. Deceased was a 48-year-old bank clerk; future prospects of 50% applied as per Pranay Sethi, and conventional heads enhanced.

The present appeal arises from a judgment and award dated 14.05.2009 passed by the Motor Accident Claims Tribunal at Mapusa in Claim Petition No. 25 o...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Enhances Compensation for Death of Breadwinner. Dependency Calculation Based on Prospective Income and Multiplier Under Motor Vehicles Act, 1988.

The appellants, being the widow, minor son, and parents of deceased Santosh Birajdar, filed a claim petition under Section 166 of the Motor Vehicles A...

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High Court of Bombay at Goa Dismisses Appeal in Motor Accident Claim — Parents Fail to Prove Negligence and Income of Deceased Son. Claim for Compensation Dismissed as Claimants Did Not Establish Rash and Negligent Driving or Deceased's Employment and Income Under Motor Vehicles Act, 1988.

The appellants, K. J. Mohammad and Smt. Saramma, parents of a deceased 22-year-old son, filed a claim petition under the Motor Vehicles Act, 1988, see...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof. Claimants failed to establish deceased's income as contractor; notional income of Rs.3,000 per month applied instead of claimed Rs.25,000 per month.

The appeal was filed by United India Insurance Co. Ltd. challenging the judgment and award dated 01.09.2010 passed by the Motor Accident Claims Tribun...

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Bombay High Court Grants Probate of Will Dated 1977 Despite Limitation and Forgery Challenges. Executor Succeeds in Proving Due Execution and Testamentary Capacity of Testator Who Died in 1979.

The plaintiff, Suresh Manilal Mehta, filed a petition for probate of a Will dated 16th March 1977 allegedly executed by Rameshchandra Jamnadas Dalal (...

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High Court of Gujarat Reduces Compensation in Motor Accident Claim Due to Lack of Proper Income Proof. Insurance Company's Appeal Partly Allowed as Tribunal Erred in Relying on Fabricated Form 16 and Unsegregated Salary Details Under Section 173 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of the deceased Azizur Habibur Rahaman, who died in a road accident on 1...

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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...