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Bombay High Court Partly Allows Appeal by Owner of Uninsured Truck in Motor Accident Claim. Compensation Enhanced from Rs.82,200 to Rs.1,50,000 for Death of Pillion Rider Due to Rash Driving Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 22/2/1995 where Nirmala, a 57-year-old woman, died as a pillion rider on a moped after being hit by a truck. ...

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High Court of Gujarat Enhances Compensation for Death of Homemaker in Motor Accident Case — Notional Income Assessed at Rs. 3,000 per Month with 40% Future Prospects. The court applied multiplier 16 for age 32 and enhanced conventional damages under Pranay Sethi guidelines.

The case arises from a motor accident claim petition filed by the appellants, who are the original claimants (husband and children of the deceased), s...

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Bombay High Court Dismisses Landlord's Eviction Petition in Rent Control Case — Concurrent Findings of Fact Not Disturbed. Landlord failed to prove bonafide requirement and unlawful subletting under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The petitioners, owners of a property in Thane, filed a suit for eviction of the respondents from a gala (shop) on grounds of default in rent, unlawfu...

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Gujarat High Court Partly Allows Appeal in Motor Accident Claim — Notional Income Enhanced for Deceased Tailor. Compensation Recalculated with Future Prospects and Multiplier as Per Sarla Verma and Pranay Sethi.

The appellant, Sharmishtaben Laxmishankar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for the death of her mother...

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Bombay High Court Acquits Accused in Rape and Kidnapping Case Due to Inconsistent Evidence and Failure to Prove Age. Conviction under Sections 366 and 376 IPC Set Aside as Prosecution Failed to Establish Essential Ingredients Beyond Reasonable Doubt.

The appellant, Abhang s/o Laximan Jadhav, was convicted by the Additional Sessions Judge, Udgir, for offences under Sections 366 and 376 of the Indian...

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Supreme Court Dismisses Petitions Against Rejection of Order VII Rule 11 CPC Application in Partition Suit — Benami Act Bar Not Attracted Where Plaint Alleges Joint Family Property

The Supreme Court dismissed two special leave petitions challenging the concurrent rejection of an application under Order VII Rule 11 of the Code of ...

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High Court of Gujarat Allows Appeal in Motor Accident Claim Due to Negligent Driving of Rickshaw Resulting in Death by Dupatta Entanglement. Insurance Company Held Liable to Pay Compensation as No Breach of Policy Conditions Proved.

The case involves a first appeal filed by the original claimants (appellants) against the judgment and award dated 20.10.2015 passed by the Motor Acci...

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Gujarat High Court Allows Appeal in Motor Accident Claim — Compensation Enhanced for Death of Homemaker. Notional Income Assessed at Minimum Wages with Future Prospects and Pain and Suffering Awarded, Enhancing Award from Rs. 2,50,000 to Rs. 9,90,000.

The case arises from a motor accident claim petition filed by the appellants (claimants) before the Motor Accident Claims Tribunal (Aux.), Vadodara, s...

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Gujarat High Court Allows Appeal in Motor Accident Claim Due to Sole Negligence of Truck Driver — Compensation Enhanced from Rs. 1,19,800 to Rs. 2,46,400. Claimant's Income Assessed at Rs. 3,000 per Month with 40% Future Prospects and Multiplier of 16 Under Motor Vehicles Act, 1988.

The appellant, Pathan Mohamadhasim Mustufakhan, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and a...