Motor Accident Claims | Supreme Court To Examine If Appeal Pre-Deposit Conditions Can Be Higher Than Limit Prescribed Under MV Act
7 months, 1 week ago

Motor Accident Claims | Supreme Court To Examine If Appeal Pre-Deposit Conditions Can Be Higher Than Limit Prescribed Under MV Act

Live Law  

The Supreme Court is set to consider the legal issue whether the Courts could demand a deposit amount beyond the statutory limit for entertaining appeals against claims awarded under the Motor Vehicles Act, 1988. The bench of Justices CT Ravikumar and Sanjay Karol was hearing a challenge to the order of the Delhi High Court which imposed a condition of 50% of the compensation award as a. A question of seminal importance in the case on hand as to whether an appeal under Section 173 of the Motor Vehicles Act, 1988 could be entertained on deposit of Rs.25,000/- or 50% of the amount awarded, whichever is less and whether the Courts could insist for deposit of amount which is higher than the statutory prescribed amount as a condition precedent for entertaining such an appeal?" However, the Court imposed a deposit condition higher than the statutory limit prescribed under S. 173 of the MV Act, 1988.

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History of this topic

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

[MV Act] Gauhati HC Sets Aside MACT Order Which Dismissed Claim For Being Barred U/S 166(3), Says Accident Occured Before Section Was Inserted
3 months, 1 week ago

[MV Act] Gauhati HC Sets Aside MACT Order Which Dismissed Claim For Being Barred U/S 166(3), Says Accident Occured Before Section Was Inserted

Live Law  

The Gauhati High Court recently set aside an order passed by the Motor Accident Claims Tribunal, Kamrup by which it dismissed a claim petition filed after six months of the accident for being barred by limitation under Section 166 of the Motor Vehicles Act, 1988, on the ground that the amendment to Section 166 of the Act, which includes the …

MV Act | Supreme Court To Hear Plea Challenging 6 Months Limitation To File Motor Accident Compensation Claims
11 months, 2 weeks ago

MV Act | Supreme Court To Hear Plea Challenging 6 Months Limitation To File Motor Accident Compensation Claims

Live Law  

The Supreme Court issued a notice in a writ petition challenging the constitutional validity of Section 166, which was added through the Motor Vehicles Act, 2019. As per this provision, a claim for compensation on account of a motor vehicle accident must be filed before the Motor Accidents Claims Tribunal within six months from the date of the accident. It …

Rigid Constraints Of Formal Pleadings Need Not Be Strictly Adhered To In A Claim Plea Under Motor Vehicles Act: J&K High Court
1 year, 3 months ago

Rigid Constraints Of Formal Pleadings Need Not Be Strictly Adhered To In A Claim Plea Under Motor Vehicles Act: J&K High Court

Live Law  

Dismissing an appeal challenging an award passed by the Motor Accidents Claims Tribunal under the Motor Vehicles Act, 1988 the Jammu and Kashmir and Ladakh High court has reitrated that in a claim petition submitted under the Motor Vehicles Act, the rigid constraints of formal pleadings need not be strictly adhered to. Responding to the claim, the insurance company, the …

MV Act | Award Can Be Stayed Even If Insurer's Application For Condonation Of Delay In Filing Appeal Is Pending: Bombay High Court
1 year, 5 months ago

MV Act | Award Can Be Stayed Even If Insurer's Application For Condonation Of Delay In Filing Appeal Is Pending: Bombay High Court

Live Law  

The Bombay High Court recently held that an ad-interim/interim stay can be granted on an award passed under the Motor Vehicles Act even if the appellants’ application for condonation of delay in filing the First Appeal against such award is pending. According to Rule 3-A of Order 41 of the CPC, “Where an application has been made under sub-rule, the …

Supreme Court Pulls Up States and High Courts For Not Filing Compliance Report On Directions Issued On Motor Accident Compensation Claims
1 year, 8 months ago

Supreme Court Pulls Up States and High Courts For Not Filing Compliance Report On Directions Issued On Motor Accident Compensation Claims

Live Law  

The Supreme Court on Monday urged the States and High Courts that had not filed their compliance reports in connection with a slew of directions issued by the Apex Court in December 2022 with regard to motor accident compensation claims to do so by August 14. To ensure proper compliance with the Motor Vehicles Amendment Act 2019 and the related …

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 …

Kerala High Court Interprets Meaning Of 'Month' For Ascertaining Limitation Period Of Claim Petitions Under MV Act
2 years, 2 months ago

Kerala High Court Interprets Meaning Of 'Month' For Ascertaining Limitation Period Of Claim Petitions Under MV Act

Live Law  

The Kerala High Court recently interpreted the meaning of the word 'Month' for the purposes of ascertaining the limitation period of six months as stipulated under the Motor Vehicles Amendment Act, 2019.Justice Amit Rawal observed that, "Sub-section of Section 3 of the General Clauses Act, 1987 applicable to the State of Kerala would mean a month reckoned according to the …

Right To Appeal Accrues On Date Of Institution Of Suit: Madras HC Entertains Appeal Arising Out Of Claim Filed Prior To Motor Vehicle Amendment Act
2 years, 6 months ago

Right To Appeal Accrues On Date Of Institution Of Suit: Madras HC Entertains Appeal Arising Out Of Claim Filed Prior To Motor Vehicle Amendment Act

Live Law  

When the Madras High Court registry put forward a query as to whether appeals whose value was less than one lakh rupees could be entertained in view of the amendment brought in by the Motor Vehicles Amendment Act 2019, Justice PT Asha observed that the right to appeal accrued on the date of filing the claim petitions and therefore the …

Limitation Period For Filing Motor Accidents Claim Applicable Only Prospectively From April 1, 2022 : Kerala High Court
2 years, 8 months ago

Limitation Period For Filing Motor Accidents Claim Applicable Only Prospectively From April 1, 2022 : Kerala High Court

Live Law  

The Kerala High Court on Friday while allowing an original petition, held that the limitation period for filing motor accident claims as per Section 166, which was introduced by Motor Vehicles Act 2019, only has a prospective effect. However, the application for compensation filed by the petitioner on 23.04.2022 was dismissed for being barred by the law of limitation because, …

Supreme Court Quarterly Digest 2022 - MOTOR ACCIDENT CASES (Jan- Mar)
2 years, 9 months ago

Supreme Court Quarterly Digest 2022 - MOTOR ACCIDENT CASES (Jan- Mar)

Live Law  

Motor Accident Compensation Claims - Enhanced the compensation payable to over Rupees 50 Lakhs in a motor accident case where appellant has been rendered paralysed for life after he met with an accident as a 5 year old boy in 2010 - The appellant is not able to move his both legs and had complete sensory loss in the legs, …

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 …

Supreme Court Recommends Constitution Of Motor Vehicle Appellate Tribunals In View Of Large Pendency In High Courts
3 years, 3 months ago

Supreme Court Recommends Constitution Of Motor Vehicle Appellate Tribunals In View Of Large Pendency In High Courts

Live Law  

In view of large pendency of motor accident claims appeals before High Courts, the Supreme Court of India on Monday recommended the constitution of Motor Vehicle Appellate Tribunals in the country by amending Section 173 of the Motor Vehicles Act for hearing the appeals challenging the award of a Tribunal.The Court has requested the Department of Justice, Ministry of Law …

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 …

Special Scheme For Motor Accident Claims- Delhi High Court To Consider Functioning Of Special Committees, Financial & Infrastructure Concerns
3 years, 8 months ago

Special Scheme For Motor Accident Claims- Delhi High Court To Consider Functioning Of Special Committees, Financial & Infrastructure Concerns

Live Law  

Expediting the process of implementation of the Special Scheme formulated by it regarding motor vehicle claims, the Delhi High Court is set to consider the suggestions regarding the functioning of Implementation Committee, Fast Track Committee and Arrears Committee constituted by the Court for givng effect to the Scheme clubbed with other concerns regarding financial and. Expediting the process of implementation …

Supreme Court To Examine Methods To Expedite Compensation In Motor Accident Cases
4 years ago

Supreme Court To Examine Methods To Expedite Compensation In Motor Accident Cases

Live Law  

The Supreme Court is set to examine methods to expedite the grant of compensation in motor accident cases. The direction has come after Supreme Court decided to consider the issue of payment of victim compensation online pan India while adjudicating cases under Motor Accidents Claims Act and contemplate on the other issues that would help speed up the adjudication process …

No Limitation Period For Filing Motor Accident Claim Petition; Amendment Introducing Six Months Cap Yet To Be Notified, Clarifies Allahabad High Court
4 years, 4 months ago

No Limitation Period For Filing Motor Accident Claim Petition; Amendment Introducing Six Months Cap Yet To Be Notified, Clarifies Allahabad High Court

Live Law  

The Allahabad High Court on Friday made it clear that amendments proposed to Section 166 of the Motor Vehicles Act, 1988 are yet to be notified. Thus, the proposed limitation period of six months for filing a claim petition before the Motor Accident Claims Tribunal has not yet come into force. The Court clarified that Section 53 of the Motor …

Can Motor Accident Claim Petition Be Entertained At The Place Of Claimant's Residence? SC To Examine [Read Order]
6 years, 2 months ago

Can Motor Accident Claim Petition Be Entertained At The Place Of Claimant's Residence? SC To Examine [Read Order]

Live Law  

The Supreme Court has issued notice in a special leave petition to consider the question of whether a motor accident claim petition can be entertained at the place of residence of the claimant.In this case, the accident took place at district Siwan, Bihar, and the claim petition was filed in Bareilly, Uttar Pradesh. The Supreme Court has issued notice in …

Kerala High Court grants complete stay of NGT order on ban and usage of diesel vehicles above 10 years
8 years, 9 months ago

Kerala High Court grants complete stay of NGT order on ban and usage of diesel vehicles above 10 years

Live Law  

The Kerala High Court has today stayed the order of ban by NGT on usage of diesel vehicles of above 10 years across corporation areas in Kerala. The National Green Tribunal, Circuit Bench, Kochi, had by its order dated 23/06/16, had stayed the usage of such vehicles and also prevented the registration of new diesel vehicles above 2000 cc across …

Kerala High Court grants complete stay of NGT order on ban and usage of diesel vehicles above 10 years
8 years, 9 months ago

Kerala High Court grants complete stay of NGT order on ban and usage of diesel vehicles above 10 years

Live Law  

The Kerala High Court has today stayed the order of ban by NGT on usage of diesel vehicles of above 10 years across corporation areas in Kerala. The National Green Tribunal, Circuit Bench, Kochi, had by its order dated 23/06/16, had stayed the usage of such vehicles and also prevented the registration of new diesel vehicles above 2000 cc across …

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