Gauhati High Court
LEGAL SUBJECT
Civil Law
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Bombay High Court
Housing society’s contractor-directors were allotted four flats; Bombay High Court orders two unfinished flats transferred to original members for ₹2.5 crore
Le Chateau Co-operative Housing Society resolved in its EGM dated 24 April 1996 to construct additional floors on the society’s buildings and allot the additional flats to existing members, subject to payment of const...4 MIN READ↗
Tripura High Court
Compensation must reflect the notified monthly notional income of ₹12,000 for skilled workmen.
On 4 February 2021, the appellant, Sri Bikash Debnath, sustained injuries in a motor-vehicle accident involving bus No. TR-01-B-1397 and truck No. AS-01-DD-8999.2 MIN READ↗
Delhi High Court
Pensionary benefits cannot be deducted from motor accident compensation as pecuniary advantages.
Munshi Ram Bhardwaj, aged 82 years, was fatally injured when he was struck by scooter No. DL 12 SQ 6894 on 18 December 2021; he died on 21 December 2021.4 MIN READ↗
Gujarat High Court
Contributory negligence cannot be inferred merely from a motorcycle’s involvement absent corroborative evidence.
On 31 January 2016, Ramsingbhai Bhemabhai Koli and Bharatbhai Nanabhai Koli were travelling on motorcycle No. GJ-17-AD-7343 near Vanzar Hotel, Piplod village.3 MIN READ↗
Gujarat High Court
Motor accident compensation must reflect correctly assessed income and prescribed conventional damages.
The appellants, original claimants, preferred a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 8 January 2025 passed by the Motor Accident Claims Tribunal, Raj...2 MIN READ↗
Gujarat High Court
Unconditional withdrawal under Order XXIII Rule 1 is an absolute right, subject only to costs.
The petitioner was original Defendant No. 7 in Regular Civil Suit No. 559 of 2008 before the Principal Senior Civil Court, Surat.3 MIN READ↗
Calcutta High Court
Future prospects must be added at 40% when computing compensation for a deceased contractual worker.
On 23 September 2018, the deceased was travelling in an autorickshaw on the Rampurhat–Suri Pucca Road when a truck bearing registration no. WB-65B-3277, allegedly driven rashly and negligently, collided with the autor...3 MIN READ↗
Madras High Court
Civil disputes must be pursued before the competent Civil Court, not through writ jurisdiction.
The petitioners challenged the proceedings of the second respondent, the Taluk Executive Magistrate and Tahsildar, Salem Taluk, in Na.Ka.No.1475/2026/A7 dated 24 July 2026, purportedly issued under Section 126 of the...2 MIN READ↗
Chhattisgarh High Court
Prolonged hospitalization justifies enhanced compensation for attendant charges, transportation, pain and suffering, and future treatment.
The appellant, Dashrath Kashyap, sustained injuries to his head, leg, chest, shoulder and hand in a motor accident.2 MIN READ↗
Chhattisgarh High Court
Uncorroborated allegations and separate residence, without more, do not establish matrimonial cruelty.
The parties, belonging to the Christian community, initially married under the Special Marriage Act, 1954, at Durg on 25 July 2016 and subsequently underwent a customary Christian marriage on 24 February 2017. The hus...3 MIN READ↗
Gujarat High Court
In absence of income proof, compensation must be assessed using prevailing minimum wages for skilled workers.
The original claimant, aged approximately 72 years, was crossing the road on his Luna when he was hit from behind by a car.3 MIN READ↗
Gujarat High Court
A police summary report alone cannot enhance a deceased rider’s contributory negligence without corroborating evidence.
On 12 July 2016, a collision occurred between a Maruti Swift car and a motorcycle, resulting in the death of Dilipbhai Mehbabhai Damor, a primary-school teacher aged approximately 45–46 years.3 MIN READ↗
Gujarat High Court
For grievous motor-accident injuries, Section 164(2) provides ₹2.5 lakh no-fault compensation.
The appellant, Bhimsinh Devubha Sodha, was employed as the driver of a Qualis car bearing registration no. GJ-7-R-9078. On 21 August 2007, while travelling towards Gandhidham, the Qualis was involved in a collision wi...3 MIN READ↗
Gujarat High Court
Income-tax returns establish the deceased’s monthly income for computing motor accident compensation.
The accident and the insurer’s liability to pay compensation were undisputed. The Motor Accident Claims Tribunal assessed the deceased’s monthly income at ₹6,000 and awarded total compensation of ₹10,85,800.2 MIN READ↗
Madras High Court
Unrebutted eyewitness testimony corroborated by FIR and charge sheet sustains negligence against the bus driver.
Respondents 1 and 2, the parents of Ibrahim, filed a claim petition under the Motor Vehicles Act, 1988, seeking ₹70 lakhs for his death in a road accident on 17 March 2018. The deceased, aged 24, was riding a two-whee...3 MIN READ↗
Madras High Court
Suits involving identical parties and property must be jointly tried to prevent multiplicity of proceedings.
Respondents 14 and 15 instituted O.S. No. 649 of 2012 before the Principal District Munsif Court, Salem, seeking declaration and injunction concerning the suit property. Respondents 3 to 13 subsequently instituted O.S...3 MIN READ↗
Madras High Court
Defendants must produce relevant power-of-attorney documents, failing which adverse inference may follow.
The petitioners, who were the plaintiffs in O.S. No. 3009 of 2011 before the V Assistant City Civil Court, Chennai, sought declaration that certain documents were null and void, along with a permanent injunction.3 MIN READ↗
Gujarat High Court
Motor accident compensation must include future prospects and consortium for each eligible claimant under Supreme Court precedent.
On 22 December 2012, an accident occurred between a tanker and a truck, resulting in the death of the tanker’s driver. His widow and three children filed a motor accident compensation claim petition.3 MIN READ↗
Gujarat High Court
Severe cognitive impairment warrants assessment of functional disability at 70% for loss-of-earning-capacity compensation.
On 15 February 2010, a motorcycle collided with the claimant, causing grievous injuries. The motorcycle was insured, and the insurer’s liability to pay compensation was not disputed.3 MIN READ↗
Gujarat High Court
A deceased MBBS doctor’s prospective income may be assessed at ₹20,000 monthly with 50% future prospects.
On 21 May 2002, a collision occurred between a Santro car and a truck, resulting in the death of the Santro car’s unmarried driver.2 MIN READ↗
Jharkhand High Court
Motor accident compensation for a 19-year-old bachelor requires 50% deduction, multiplier 18, and 40% future prospects.
The appellants were the parents of a 19-year-old deceased who died in a motor-vehicle accident involving truck No. HR-38C-4951, insured with Reliance General Insurance Company Ltd.3 MIN READ↗
Gujarat High Court
Contributory negligence cannot be imposed on a claimant-driver based solely on conjectures and surmises.
On 10 July 2004, at approximately 9:45 p.m., the appellant and other claimants were travelling in Ambassador car No. GJ-3 AB-2972 on the Morvi–Rajkot road.3 MIN READ↗
Gujarat High Court
A charge sheet against the offending driver is prima facie proof of negligence.
On 9 January 1997, a collision occurred between a Maruti car and a truck, resulting in the death of the Maruti car’s driver. His wife and parents filed a motor accident claim petition.4 MIN READ↗
Gujarat High Court
Motor accident tribunals must award just compensation by properly assessing all proven heads of loss.
The appellant, the original claimant injured in a motor-vehicle accident, challenged the judgment and award dated 11 July 2012 passed by the Motor Accident Claims Tribunal, Ahmedabad Rural, in Motor Accident Claim Pet...3 MIN READ↗
Gujarat High Court
Motor accident compensation was enhanced by applying Pranay Sethi’s principles on future prospects and conventional heads.
On 13 February 1997, deceased Ajabsinh Laxmansinh Chauhan was travelling from Dahod to Godhra on a motorcycle, with Parvatbhai as pillion rider.3 MIN READ↗
Gujarat High Court
Motor accident compensation must be just and fair, warranting enhancement where the Tribunal’s assessment is inadequate.
On 10 July 2004 at approximately 9:45 p.m., the claimant was travelling in Ambassador car No. GJ-3-AB-2972 on the Morvi–Rajkot Road. Truck No. GTY-7039, allegedly driven rashly and negligently by respondent No. 1, col...2 MIN READ↗
Gujarat High Court
Future prospects are awardable where permanent functional disability substantially impairs earning capacity.
On 3 May 2022, the claimant was riding motorcycle No. GJ-08-M-2601 when an Activa allegedly driven by Respondent No. 1 from the wrong side, rashly and negligently, collided with him. The claimant sustained grievous he...3 MIN READ↗
Gujarat High Court
Absence of a railway ticket alone does not negate bona fide passenger status.
On 12 January 2018, Arifkhan Pathan was travelling from Vadodara to Dahod by passenger train when, allegedly due to a heavy jerk and overcrowding, he fell from the running train near Godhra Railway Station and suffere...3 MIN READ↗
Gujarat High Court
Amputation of a hand rendering the claimant unable to perform his avocation constitutes 100% functional disability.
The claimant sustained serious injuries in a motor-vehicle accident on 12 April 2003, including crush injuries resulting in amputation of his left hand below the elbow.3 MIN READ↗No articles match these filters.