Motor Accident Compensation Can't Be Lower Merely Because Deceased Minor Was A Girl: Karnataka High Court
1 year, 1 month ago

Motor Accident Compensation Can't Be Lower Merely Because Deceased Minor Was A Girl: Karnataka High Court

Live Law  

The Karnataka High Court has held that there cannot be any discrimination between a minor girl or minor boy while granting compensation for a motor accident. In Kishan Gopal vs. Lala, the Supreme Court had ruled that in the case of death of a minor in road traffic accident, the claimants would be entitled for compensation in a sum of Rs.5 lakh. It thus modified the order passed by the motor accident tribunal by which it allowed the claim petition in part and granted a sum of Rs.2,25,000 to the parents and siblings of the deceased Roopa. Allowing the appeal the bench said, “parents and siblings of the minor girl are also entitled to be awarded with compensation in a sum of Rs.5,00,000 as against sum of Rs.2,25,000 awarded by the tribunal.

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History of this topic

Andhra Pradesh High Court Lays Down Parameters For Disputing Negligence In Motor Vehicle Accident Claims Cases
2 weeks ago

Andhra Pradesh High Court Lays Down Parameters For Disputing Negligence In Motor Vehicle Accident Claims Cases

Live Law  

A Single Judge Bench of the Andhra Pradesh High Court comprising Justice A. Hari Haranadha Sarma, while dealing with an appeal contesting the sustainability of an award and decree passed by the Additional District Judge-cum-Motor Accidents Claims Tribunal, Ongole, laid down certain advisory parameters to be followed in Motor Vehicle Accident claims cases while disputing negligence. The order of the …

Motor Accident Compensation | Supreme Court To Reconsider Judgment Barring Claim Under S.163A MV Act After Dismissal S.166 Claim
1 month, 1 week ago

Motor Accident Compensation | Supreme Court To Reconsider Judgment Barring Claim Under S.163A MV Act After Dismissal S.166 Claim

Live Law  

The Supreme Court recently referred its decision relating to compensation under the Motor Vehicles Act, Deepal Girishbhai Soni and Ors. A three-judge bench in this case held that, where no case is made out for awarding compensation under Section 166 of the Motor Vehicles Act, the claimants cannot file their claim under Section 163A of the Act. The Bench of …

Motor Accident Claim | Compensation Can't Be Reduced Merely Because Dependents Took Over Business Of Deceased : Supreme Court
1 month, 3 weeks ago

Motor Accident Claim | Compensation Can't Be Reduced Merely Because Dependents Took Over Business Of Deceased : Supreme Court

Live Law  

The Supreme Court ruled that the takeover of the deceased persons' business by dependents does not justify reducing motor accident compensation. The High Court reduced these to ₹26.68 lakh and ₹19.22 lakh, citing minimal financial loss as the daughters had taken over the business, prompting them to appeal to the Supreme Court. The Court considered whether the High Court was …

Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs
3 months, 2 weeks ago

Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs

Live Law  

The Supreme Court recently awarded Rs 50,87,000/- as compensation to a claimant for the mental and physical disabilities suffered by her due to a motor vehicle accident that occurred when she was just 7 years old. The Motor Accidents Claims Tribunal awarded a compensation of Rs.5,90,750 in 2009, which the Delhi High Court enhanced to Rs 11,51,000 in 2017. Instead …

Pay And Recover Principle Not Applicable If Minor Involved In Causing Accident, Owner Liable To Compensate Claimants: Karnataka High Court
9 months, 2 weeks ago

Pay And Recover Principle Not Applicable If Minor Involved In Causing Accident, Owner Liable To Compensate Claimants: Karnataka High Court

Live Law  

The Karnataka High Court has held that the principle of pay and recover is not applicable in case a minor boy drives the vehicle and causes the accident. A single judge bench of Justice Hanchate Sanjeev Kumar allowed the appeal filed by The New India Assurance Co Ltd and set aside the order of the tribunal dated 11.08.2014 insofar as …

Delhi High Court Awards Over ₹65 Lakh Enhanced Compensation To Road Accident Victim With 100% Functional Disability; Total ₹1.12 Crore
1 year, 11 months ago

Delhi High Court Awards Over ₹65 Lakh Enhanced Compensation To Road Accident Victim With 100% Functional Disability; Total ₹1.12 Crore

Live Law  

The Delhi High Court has awarded over Rs. 65 lakh enhanced compensation to a woman who met with a motor-vehicular accident in 2011 when she was an 11-year-old school going girl. The court was hearing two appeals moved by Jyoti Singh as well as the ICICI Lombard General Insurance Corporation Limited challenging the compensation awarded by the MACT in 2011. …

Motor Accident Tribunal Should Grant ₹1 Lakh Compensation For Upto 10% Permanent Disability Suffered By Minor: Gujarat High Court Reiterates
2 years, 2 months ago

Motor Accident Tribunal Should Grant ₹1 Lakh Compensation For Upto 10% Permanent Disability Suffered By Minor: Gujarat High Court Reiterates

Live Law  

The Gujarat High Court recently modified the judgment and award granted by the Motor Accident Claims Tribunal on the ground that the tribunal had not complied with the directions issued by the Supreme Court, prescribing Rs. 1 lakh compensation for a minor who sustains upto 10% permanent disability in a motor accident. Dwivedi submitted that the said award granted by …

Motor Accident Claims | Child Victim Can't Be Equated To Non-Earning Adult, Must Be Compensated Under Non-Pecuniary Heads: Gujarat HC Reiterates
2 years, 7 months ago

Motor Accident Claims | Child Victim Can't Be Equated To Non-Earning Adult, Must Be Compensated Under Non-Pecuniary Heads: Gujarat HC Reiterates

Live Law  

The Gujarat High Court has reiterated that children who are victims of motor accidents stand on a different footing from non-earning adults in matter of compensation.Recalling the Supreme Court's observations in Mallikarjun v/s Divisional Manager, National Insurance Company Limited, the Bench comprising Justice Gita Gopi added that compensation awarded should enable the child to. The Gujarat High Court has reiterated …

Dysfunctional Limbs Render 100% Functional Disability: Karnataka High Court Orders ₹21.86 Lakh Compensation For Minor Victim In Motor Accident
2 years, 8 months ago

Dysfunctional Limbs Render 100% Functional Disability: Karnataka High Court Orders ₹21.86 Lakh Compensation For Minor Victim In Motor Accident

Live Law  

The Karnataka High Court has said if the medical evidence indicates that a minor child cannot straighten one of the lower limbs and one of the upper limbs has lost its power for use, it is as good as the human body becoming useless, so far as the person's ability to work and earn livelihood is concerned. In other words, …

Motor Accident Claim Petition Does Not Abate On Death Of Injured Claimant: Supreme Court
3 years, 7 months ago

Motor Accident Claim Petition Does Not Abate On Death Of Injured Claimant: Supreme Court

Live Law  

The Supreme Court observed that a motor accident claim petition does not abate even after the death of the injured claimant.The right to sue survive to his heirs and legal representatives in so far as loss to the estate is concerned, the bench comprising Justices Navin Sinha and R. Subhash Reddy.The court added that the loss of estate would include …

SC Reiterates Principles For Grant Of Compensation In Motor Accident Cases [Read Judgment]
5 years, 1 month ago

SC Reiterates Principles For Grant Of Compensation In Motor Accident Cases [Read Judgment]

Live Law  

The Supreme Court, while enhancing compensation awarded to a young girl who became 100% disabled due to an accident, reiterated some principles for grant of compensation in motor accident claim cases. The bench comprising Justices L. Nageswara Rao and Deepak Gupta observed that Motor Vehicles Act, 1988 requires determination of payment of just compensation and it is the duty of …

Age Of Accident Victim Crucial While Deciding About Compensation: Karnataka HC [Read Judgment]
5 years, 9 months ago

Age Of Accident Victim Crucial While Deciding About Compensation: Karnataka HC [Read Judgment]

Live Law  

While calculating loss of dependency to decide about compensation in motor accident cases, the age of the deceased accident victim has to be taken into consideration held Karnataka High Court in The Oriental Insurance Company Limited v. Rathna & others. Contentions Counsel for the Insurance Company submitted before the court that the Tribunal has erred in taking the multiplier based …

Defence Of Negligence Can’t Be Raised In Proceedings U/s 163A Of Motor Vehicles Act, Reiterates SC [Read Judgment]
6 years, 7 months ago

Defence Of Negligence Can’t Be Raised In Proceedings U/s 163A Of Motor Vehicles Act, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has upheld compensation awarded to the parents of deceased driver of the vehicle, reiterating that an insurer cannot be permitted to raise a defence of the negligence of the driver in proceedings under Section 163A of the Motor Vehicles Act.A bench comprising Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud set aside …

Defence Of Negligence Can’t Be Raised In Proceedings U/s 163A Of Motor Vehicles Act, Reiterates SC [Read Judgment]
6 years, 7 months ago

Defence Of Negligence Can’t Be Raised In Proceedings U/s 163A Of Motor Vehicles Act, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has upheld compensation awarded to the parents of deceased driver of the vehicle, reiterating that an insurer cannot be permitted to raise a defence of the negligence of the driver in proceedings under Section 163A of the Motor Vehicles Act.A bench comprising Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud set aside …

No separate norms for boys, girls killed in accidents: Delhi HC
9 years, 3 months ago

No separate norms for boys, girls killed in accidents: Delhi HC

Hindustan Times  

The Motor Vehicle Act does not lay down separate guidelines for the families of male and female children killed in road accidents to seek compensation, the Delhi High Court clarified while striking down an order of Motor Accidents Claim Tribunal that denied compensation to parents of a girl killed in an accident. Delhi high court came down heavily on MACT …

Motor Vehicle Act does not lay down separate criteria for death of a male and female child for seeking compensation: Delhi High Court [Read Judgment]
9 years, 3 months ago

Motor Vehicle Act does not lay down separate criteria for death of a male and female child for seeking compensation: Delhi High Court [Read Judgment]

Live Law  

It is painful to note that the award has been penned down by a lady Presiding Officer who has treated the death of an unmarried daughter to be falling in a category which does not entitle the claimants/parents to seek compensation for her death, the Court said.Delhi High Court Arkesh Jain vs. Mohd. Ishrar has clarified that Motor Vehicle Act …

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