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Supreme Court Allows Appeal for Enhanced Compensation in Motor Accident Case — Prosthetic Limb Compensation Mandated for Amputee Driver. Life Expectancy of 70 Years and 5% Annual Inflation Applied for Prosthetic Limb Replacement Costs Under Section 168 of Motor Vehicles Act, 1988.

The appellant, a 32-year-old driver, suffered a severe accident on 02.05.2007 when a Haryana Roadways bus dashed into his motorcycle from behind, resu...

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Gujarat High Court Allows Pension Benefits to Urban Malaria Department Employees of Bhavnagar Municipal Corporation — Employees Held Entitled to Pensionary Benefits Under BPMC Pension Rules Despite Being on Contract Basis

The petitioners, employees of the Urban Malaria Department of Bhavnagar Municipal Corporation, filed two writ petitions under Article 226 of the Const...

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Supreme Court Partially Allows Appeal in Motor Accident Claim — Mother of Deceased Entitled to Dependency Compensation, Married Daughter Only Entitled to No-Fault Liability Under Section 140 of Motor Vehicles Act, 1988

The case arises from a motor accident claim under the Motor Vehicles Act, 1988. On 26 January 2008, the deceased, Paras Sharma, was riding a two-wheel...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Bombay High Court Upholds Dismissal of Bus Driver in Fatal Accident Case — Concurrent Findings of Misconduct Not Interfered With. Petitioner failed to maintain safe distance causing three deaths; Labour Court and Industrial Court concurrently upheld dismissal as proportionate punishment.

The petitioner, Syed Mumtaz Syed Moosa, was employed as a driver with the Maharashtra State Road Transport Corporation (respondent) since 1984. On 9th...

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Bombay High Court Upholds Dismissal of Bus Driver in Fatal Accident Case but Remands for Proportionality Review. Court directs Labour Court to examine whether dismissal for causing death of three persons in bus accident is shockingly disproportionate, while upholding fairness of domestic enquiry.

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the order of the Labour Court at Jalgaon dated 30-04-2013, which set ...

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Bombay High Court Dismisses Petition by Municipal Corporation Challenging Reinstatement of Bus Driver in Gross Negligence Case. The Industrial Court's finding that the bus driver was not negligent was based on evidence and not perverse, and thus no interference under Article 227 was warranted.

The petitioner, Municipal Corporation of Greater Bombay (BEST Undertaking), challenged an order of the Industrial Court, Mumbai, dated 16 August 2007,...