Married kin cannot be deprived of accident compensation: HC
9 years ago

Married kin cannot be deprived of accident compensation: HC

Deccan Chronicle  

Madurai: The Madras High Court today held that excluding married daughters and siblings of those who succumb in motor accidents from claiming compensation for the death would be against the object of the Motor Vehicles Act. Dismissing an appeal filed by an insurance company challenging the order of a Motor Accident Claims Tribunal in Kumbakonam to grant compensation to a married sister of a deceased person, Justices S Manikumar and R Mahadevan said "marriage of a kin could not be a reason to deny compensation". "That is what various Supreme Court decisions and Motor Vehicles Act-1939 and Workmen's Compensation Act say", the judges said. The Workmen's Act listed the "dependants" who were entitled to claim compensation under that legislation and it did not confer a statutory right on a married daughter. If the intention of the framers of the Motor Vehicles Act was to restrict the payment of compensation only to the dependants, the word "dependant" as defined in Section 2 of the Workmen's Compensation Act would have been incorporated in Motor Vehicles Act also, the Bench said.

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History of this topic

MV Act | Compensation Awarded As 'Consortium' Is Also Payable To Siblings Of Deceased Apart From Parents: Rajasthan High Court Reiterates
5 days, 1 hour ago

MV Act | Compensation Awarded As 'Consortium' Is Also Payable To Siblings Of Deceased Apart From Parents: Rajasthan High Court Reiterates

Live Law  

Referring to various Supreme Court decisions Justice Dr. Nupur Bhati in her order underscored, " This Court is also of the view that losing a child in an accident is an unfathomable tragedy for the parents as well as his/ her siblings. The court thus observed that while no amount of money can compensate parents and siblings of the deceased …

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 | Remarriage Not A Taboo Against Compensation To Widow Of Deceased: Bombay High Court
1 year, 11 months ago

Motor Accident | Remarriage Not A Taboo Against Compensation To Widow Of Deceased: Bombay High Court

Live Law  

The Bombay High Court recently held that remarriage will not disentitle the widow of a deceased in a motor accident from receiving compensation. Justice SG Dige observed that remarriage cannot be a taboo against motor accident compensation – “One cannot expect that for getting compensation of deceased husband, the widow has to remain widow for life time or till getting …

Motor Vehicles Act, 1988: All India High Courts Cases 2022
2 years, 2 months ago

Motor Vehicles Act, 1988: All India High Courts Cases 2022

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Court May Increase Quantum Of Compensation In Motor Accident Claim, Irrespective Of Who Files Appeal: Bombay High Court Case Title : Manager, National Insurance Co.Ltd v Shri Nilesh Suresh Bhandari and ors Citation: 2022 LiveLaw 126 The Bombay High court recently dealt with an …

Claim U/s 163A Of MV Act Not Maintainable Against Owner/Insurer Without Third-Party Involvement When Injured Was Driving The Vehicle: Madras HC
3 years ago

Claim U/s 163A Of MV Act Not Maintainable Against Owner/Insurer Without Third-Party Involvement When Injured Was Driving The Vehicle: Madras HC

Live Law  

In a pertinent judgment, Madras High Court has underscored that the deceased/ injured in a motor accident claim must be a third party to maintain a claim under Section 163A of the Motor Vehicles Act, 1988. Asha noted that an application under Section 163A of the Act against the Insurance Company of the vehicle driven by the injured/ deceased himself/herself/themselves …

Legal Representatives Entitled To Motor Accident Claim: Delhi HC Upholds Compensation Given To Children From Deceased's First Marriage
3 years, 1 month ago

Legal Representatives Entitled To Motor Accident Claim: Delhi HC Upholds Compensation Given To Children From Deceased's First Marriage

Live Law  

Reiterating that legal representatives of a person are entitled to motor accident claim, the Delhi High Court has upheld the compensation given to two children from the deceased's first marriage. "In so far as the grant of compensation under non pecuniary head is concerned, reference may be had to the judgment of the Supreme Court in Gujarat State Road Transport …

Remarriage Of Widow Not A Decisive Factor For Computing Motor Accident Compensation: Kerala HC [Read Judgment]
4 years, 8 months ago

Remarriage Of Widow Not A Decisive Factor For Computing Motor Accident Compensation: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that, while computing compensation for dependency of a widow on the death of her husband under Section 166 of the Motor Vehicles Act, her remarriage shall not be a decisive factor. Justice N. Nagaresh observed that the loss of dependency consequent to the death of the husband does not cease merely because she has …

Major, Married & Earning Son Of Deceased Can Claim Motor Accident Compensation: SC [Read Judgment]
5 years, 2 months ago

Major, Married & Earning Son Of Deceased Can Claim Motor Accident Compensation: SC [Read Judgment]

Live Law  

The Supreme Court has observed that major sons of the deceased who are married and earning can claim compensation under the Motor Vehicles Act, 1988. The bench comprising Justices AM Khanwilkar and Dinesh Maheshwari observed that the Tribunal has to consider the application filed by such legal representatives irrespective of the fact whether the concerned legal representative was fully. The …

Motor Accident Claims: No Restriction In Awarding Compensation Exceeding The Amounts Claimed By Claimants, Says SC [Read Judgment]
6 years, 3 months ago

Motor Accident Claims: No Restriction In Awarding Compensation Exceeding The Amounts Claimed By Claimants, Says SC [Read Judgment]

Live Law  

‘The function of the Tribunal or Court under Section 168 of the Motor Vehicles Act, 1988 is to award “just compensation”. ‘There is no restriction to award compensation exceeding the amount claimed by the claimants, the Supreme Court has held.Father, wife and two children of one Ismail, who died in a motor accident, had claimed a total compensation of Rs. …

Motor Accident Claims: No Restriction In Awarding Compensation Exceeding The Amounts Claimed By Claimants, Says SC [Read Judgment]
6 years, 3 months ago

Motor Accident Claims: No Restriction In Awarding Compensation Exceeding The Amounts Claimed By Claimants, Says SC [Read Judgment]

Live Law  

‘The function of the Tribunal or Court under Section 168 of the Motor Vehicles Act, 1988 is to award “just compensation”. ‘There is no restriction to award compensation exceeding the amount claimed by the claimants, the Supreme Court has held.Father, wife and two children of one Ismail, who died in a motor accident, had claimed a total compensation of Rs. …

Compensation awarded by MACT not ‘income’ and cannot be subjected to TDS and Income Tax: Madras HC [Read Judgment]
8 years, 9 months ago

Compensation awarded by MACT not ‘income’ and cannot be subjected to TDS and Income Tax: Madras HC [Read Judgment]

Live Law  

In a very significant judgment, the Madras High Court has held that the compensation awarded by the Motor Accident Claims Tribunal to accident victims cannot be subjected to TDS and Income Tax since the compensation and the interest awarded therein does not fall under the term 'income' as defined under the Income Tax Act, 1961.Referring to a Himachal Pradesh High …

Compensation awarded by MACT not ‘income’ and cannot be subjected to TDS and Income Tax: Madras HC [Read Judgment]
8 years, 9 months ago

Compensation awarded by MACT not ‘income’ and cannot be subjected to TDS and Income Tax: Madras HC [Read Judgment]

Live Law  

In a very significant judgment, the Madras High Court has held that the compensation awarded by the Motor Accident Claims Tribunal to accident victims cannot be subjected to TDS and Income Tax since the compensation and the interest awarded therein does not fall under the term 'income' as defined under the Income Tax Act, 1961.Referring to a Himachal Pradesh High …

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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