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Gujarat High Court Partly Allows Appeals in Motor Accident Case — Notional Income Upheld but Loss of Consortium Awarded. Claimants Failed to Prove Higher Income of Deceased Couple, but Entitled to Rs.40,000 Each for Loss of Consortium Under Motor Vehicles Act, 1988.

The present appeals arise out of a motor accident that occurred on 12.05.2018, wherein the deceased Rakesh Maheshbhai Makwana and his wife Ramilaben R...

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High Court of Gujarat Enhances Compensation for Injured Passenger in Motor Accident Claim — Notional Income Upheld but Non-Pecuniary Damages Increased. Tribunal's award of Rs.4,00,000/- enhanced to Rs.4,30,000/- with interest at 7.5% per annum for grievous injuries including fracture.

The appellant, Minaben Karsanbhai Patel, was a passenger in a Chevrolet Spark car driven by her husband on 11.06.2016. The husband lost control and co...

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Gujarat High Court Allows Appeal in Motor Accident Case — Enhances Compensation for Masonry Worker's Death. Future Prospects and Conventional Heads Added Following Pranay Sethi Principles.

The present appeal arises from a judgment and award dated 28.04.2017 passed by the Motor Accident Claims Tribunal (Aux), Junagadh, in Motor Accident C...

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Gujarat High Court Allows Appeal in Motor Accident Claim for Deceased Government Employee with Agricultural Income. Compensation Enhanced by Reassessing Income, Future Prospects, and Conventional Heads Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of Karansinh Jadeja, who died in a motorcycle accident on 13.11.2010. The decease...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim. Vehicle Involvement Proved Despite Delayed FIR; Future Prospects and Multiplier Upheld.

The case arises from a motor accident claim petition filed by Rameshbhai Maganlal Hinshu (Patel) seeking compensation for injuries sustained in a road...

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Gujarat High Court Allows Appeal in Motor Accident Claim Case Due to Inadequate Compensation for Driver's Permanent Disability. Compensation Enhanced from Rs.71,300/- to Rs.3,44,800/- for Future Loss of Income, Pain and Suffering, and Loss of Amenities Under Motor Vehicles Act, 1988.

The appellant, Jayeshkumar Ravjibhai Thummar, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and awa...

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Madras High Court Allows Revenue's Appeal on Retrospective Registration Under Section 12AA of Income Tax Act, 1961 — Tribunal's Retrospective Grant Set Aside. Registration Under Section 12AA Can Only Be Prospective from Date of Application, Not Retrospective.

The case involves an appeal by the Commissioner of Income Tax, Chennai against the order of the Income Tax Appellate Tribunal (ITAT) dated 09.08.2011....

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Gujarat High Court Allows Appeal and Enhances Compensation for Injured Bus Passenger in Motor Accident Claim. Negligence of Truck Driver Proved; Tribunal's Award Modified to Include Future Loss of Income and Enhanced Pain and Suffering Under Motor Vehicles Act, 1988.

The appellant, Panchudevi Shantilal Gothi, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries...

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High Court Enhances Compensation for Injured Driver in Motor Accident Case — Future Prospects Added to Income Calculation. The Court held that income must be assessed based on the latest income tax return and 40% future prospects must be added for self-employed persons aged about 40 years.

The appellant, Mahebub Kasambhai Bogha, an injured claimant, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgm...