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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian held 50% contributorily negligent for crossing highway without care; insurer's liability reduced proportionately under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of a deceased pedestrian against the owner and insurer of a truck. The accident o...

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Bombay High Court Modifies Conviction from Section 376(2)(f) to Section 376(1) IPC in Rape of Minor Case — Sentence Reduced to Period Already Served. Victim's Age Above 12 Years Makes Section 376(2)(f) Inapplicable, Minimum Sentence Provision Not Attracted.

The appellant, Shahanawaj Shamsuddin Bhadgaonkar, was convicted by the Adhoc District Judge-2 and Additional Sessions Judge, Kalyan, in Sessions Case ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Truck Driver Held Solely Negligent in Head-On Collision with S.T. Bus. Contributory Negligence Not Established as Bus Had Crossed Bridge and Truck Fell Off, Based on Spot Panchnama and Evidence.

The case arises from a motor accident claim petition (No. 84 of 1995) where the claimant, Ravikant Padmakar Tarekar, was the driver of an S.T. Bus (re...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Truck Driver Held Solely Negligent in Head-On Collision with S.T. Bus. Contributory Negligence Not Established as Bus Had Crossed Bridge and Truck Fell Off, Based on Spot Panchnama and Evidence.

The case arises from a motor accident claim petition (No. 84 of 1995) filed by Ravikant Padmakar Tarekar, the driver of a State Transport bus, who sus...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Insurance Dispute Despite Discharge Voucher. Dispute as to Quantum Under Fire Insurance Policy Referred to Arbitration Under Clause 13 of Standard Fire and Special Perils Policy.

The applicant, MIRC Electronics Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a so...

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High Court of Bombay at Aurangabad Dismisses Appeals by Insurance Company and Owner in Motor Accident Claim — Negligence of Driver Upheld. Compensation Award of Rs. 7,50,000 Confirmed Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal representatives of Balkrushna Khandagale, who died in a collision between a motorcycle ...

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Bombay High Court Allows Arbitration Petition to Appoint Sole Arbitrator in Mining Lease Dispute. Court holds that existence of arbitration clause in the agreement is sufficient to refer parties to arbitration under Section 11 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 11 of the Arbitration and Conciliation Act, 1996. The first petition was filed by ...

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Bombay High Court Allows Appeal Against Rejection of Section 34 Application in MSMED Act Arbitration. Court Holds That Section 34 Application Is Maintainable and Limitation Period Under Section 34(3) Applies.

The appellant, M/s. Ravindranath GE Medicate Associate Private Limited, issued a work order dated 9th January 2008 to the respondent, M/s. Clean Coats...