Motor Vehicles Act, 1988: All India High Courts Cases 2022
2 years 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 appeal by an Insurance Company against the quantum of compensation awarded to an accident victim under the Motor Vehicles Act, 1988. Motor Accident | "Insurance Co. Can't Raise License Validity Issue In Appeal If It Wasn't Pleaded Before Tribunal": J&K&L High Court Case title - Oriental Insurance Co. Ltd. v. Narinder Kumar and another Case Citation: 2022 LiveLaw 8 The Jammu and Kashmir and Ladakh High Court dismissed an appeal moved by an Insurance company wherein it had challenged the award made by Motor Accidents Claim Tribunal on the ground that the offending vehicle was being driven by the driver, who was not holding a valid driving licence. Provident Fund & Other Pecuniary Benefits Received By Legal Heirs Of Deceased Have No Co-Relation With Motor Accident Claim: J&K&L High Court Case Title: United Insurance Co Ltd Vs Jawahira Begum &Ors Citation : 2022 LiveLaw 115 The Jammu and Kashmir and Ladakh High Court ruled that Provident Fund, Pension, Insurance, bank balance, shares, fixed deposits, etc., are all pecuniary advantages receivable by heirs on account of one's death but all these have no correlation with the amount receivable as compensation under the Motor Vehicles Act, a statute occasioned only on account of accidental death. Amount Paid By Insurance Company Under Mediclaim Policy Deductible From Compensation In Motor Accident Claim: Madras High Court Case Title: The Manager, TATA AIG General Insurance Co Ltd v. Kathamuthu and another Citation: 2022 LiveLaw 223 The Madras High Court has held that the compensation for medical expenses is a matter of reimbursement and hence once the insurance company has chosen to compensate the victim of road accident for medical expenses, the same cannot be once again claimed under the Motor Vehicles Act.

India Insurance Karnataka High Court Compensation Bombay High Court Cases Kashmir Title Accident Kerala High Court Road Accidents Motor Accident Motor Vehicles Schedule Motor Vehicles Act Tribunal State Ipc Jammu Ors Cpc Bench Kar 2022 Third Party Mac Branch Truck Madras High Court Inr Mat Ltd Gujarat High Court Bombay Karnataka High Court Ker Suo Motu Jkl Ladakh High Court Livelaw Insurance Company Smt Case Title Calcutta High Court Jharkhand High Court Claims Tribunal Mact Divisional Mv Act Contributory Negligence Court Fees Motor Accident Claims Claimant Legal Heirs Motor Vehicle Act Spare Parts Notional Income Justice S Functional Disability Motor Accident Claim Permanent Disability 1988 Act Valid License Highcourt Stationary Vehicle Parental Consortium Motor Accident Death Motor Accident Compensation Justice Sandeep Bhatt Section 163A Of Section 166 Of Divisional Manager Fault Liability Motor Accidents Motor Accidents Claim Tribunal Justice Hp Sandesh Section 173 Of  india  cases  insurance  accident  high  court  title  courts  1988  act  2022  motor  vehicles  compensation  livelaw

History of this topic

Supreme Court Yearly Digest 2024: Motor Vehicles Act, 1988
Trending News
1 week, 4 days ago

Supreme Court Yearly Digest 2024: Motor Vehicles Act, 1988

Live Law  

Motor accident compensation – Assessment of compensation on the basis of income of deceased – The Motor Vehicles Act, 1988 provides for assessment of just and fair compensation. Jaswinder Singh v. New India Assurance Company Ltd., 2024 LiveLaw 190 Section 161 - Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022 - If the Police conclude that it …

Supreme Court Yearly Digest 2024: Motor Vehicles Act, 1988
Trending News
1 week, 4 days ago

Supreme Court Yearly Digest 2024: Motor Vehicles Act, 1988

Live Law  

Motor accident compensation – Assessment of compensation on the basis of income of deceased – The Motor Vehicles Act, 1988 provides for assessment of just and fair compensation. Jaswinder Singh v. New India Assurance Company Ltd., 2024 LiveLaw 190 Section 161 - Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022 - If the Police conclude that it …

Employee's Compensation Act, 1923; To Absolve Liability, Insurer Must Prove Negligence By Employer In Verifying Employee's Driving License: Bombay High Court
3 weeks, 3 days ago

Employee's Compensation Act, 1923; To Absolve Liability, Insurer Must Prove Negligence By Employer In Verifying Employee's Driving License: Bombay High Court

Live Law  

Bombay High Court: A single judge bench consisting of Justice Nitin B. Suryawanshi overturned a Labour Court order that dismissed a compensation claim under the Employee's Compensation Act, 1923. Further, citing Nirmala Kothari v. United India Insurance Co. Ltd., they argued that the insurer couldn't deny liability simply due to the absence of a driving license. Court's Reasoning The court …

Kerala High Court Mulls Suo Moto Contempt Action Against Organisers, Persons Who Attended CPI(M) Area Conference By Blocking Road
3 weeks, 5 days ago

Kerala High Court Mulls Suo Moto Contempt Action Against Organisers, Persons Who Attended CPI(M) Area Conference By Blocking Road

Live Law  

The Kerala High Court today noted that 40,821 road accidents occurred in the State this year up till October 2024, in which 3,168 persons died and 45,657 persons sustained injuries. The Court is thus set to consider whether suo moto contempt proceedings should be initiated against persons who conducted and attended CPI party's area conference in Vanchiyoor, by obstructing roads …

[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
4 weeks 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 …

Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs
4 weeks, 2 days 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 …

Motor Accident Claims | Supreme Court To Examine If Appeal Pre-Deposit Conditions Can Be Higher Than Limit Prescribed Under MV Act
4 months, 3 weeks 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 …

Jeep owner to pay ₹40 lakh to accident victim’s family
8 months, 3 weeks ago

Jeep owner to pay ₹40 lakh to accident victim’s family

Hindustan Times  

MUMBAI: The Motor Accident Claims Tribunal last week directed a pick-up jeep owner to pay ₹40 lakh to the family of a 30-year-old Thane resident who died in 2018 after the pick-up jeep rammed into his motor jeep on the Murbad-Kalyan Highway. The incident occurred around 8am on January 30 when Pradeepkumar Saroj reached Bapsai village in Thane district, a …

MV Act | Supreme Court To Hear Plea Challenging 6 Months Limitation To File Motor Accident Compensation Claims
9 months, 1 week 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 …

Workmen's Compensation Act | Gauhati HC Sets Aside Award For Driver Who Lost Eye In Accident, Says No Qualified Medical Practitioner Assessed Loss Of Earnings
11 months, 1 week ago

Workmen's Compensation Act | Gauhati HC Sets Aside Award For Driver Who Lost Eye In Accident, Says No Qualified Medical Practitioner Assessed Loss Of Earnings

Live Law  

The Gauhati High Court has set aside an order passed by the Commissioner of Workmen's Compensation which awarded a compensation of Rs. 3,74,364/- to a driver who allegedly lost vision in one eye in an accident, on the ground that no qualified medical practitioner was examined to assess the loss of earning capacity of the claimant in relation to his …

Private Car Act Policy | Gauhati High Court Sets Aside MACT Order Directing Insurance Company To Pay Compensation For Death Of Car Occupant
1 year, 1 month ago

Private Car Act Policy | Gauhati High Court Sets Aside MACT Order Directing Insurance Company To Pay Compensation For Death Of Car Occupant

Live Law  

The Gauhati High Court has set aside an order of the Motor Accident Claim Tribunal, in a case involving the death of an occupant of an insured vehicle due to rash and negligent driving, wherein the tribunal had directed the Oriental Insurance Company to pay compensation to the claimant and subsequently recover the same from the owner of the offending …

[Composite Negligence] Motor Accident Victim Can Choose To Claim Compensation From Owner Of One Of Two Vehicles Involved: Bombay High Court
1 year, 3 months ago

[Composite Negligence] Motor Accident Victim Can Choose To Claim Compensation From Owner Of One Of Two Vehicles Involved: Bombay High Court

Live Law  

The Bombay High Court recently held that a claimant in a motor accident case is not obligated to claim compensation from owner of the vehicle he was travelling in and is allowed to only seek compensation from owner of the other vehicle involved in the accident. The court referred to Supreme Court judgment in Khenyei v. New India Assurance Company …

Motor Accidents | 'No Negligence' Finding In Final Report Has No Bearing On Claim Petition As Standard Of Proof Is Different: Supreme Court
1 year, 5 months ago

Motor Accidents | 'No Negligence' Finding In Final Report Has No Bearing On Claim Petition As Standard Of Proof Is Different: Supreme Court

Live Law  

The Supreme Court recently held that while considering a petition for compensation for death or injury in a road accident the standard of proof compensation for death or injury in a road accident the standard of proof to be applied by the Motor Accident Claims Tribunal is the preponderance of probabilities and the standard of proof of beyond reasonable doubt …

Supreme Court Pulls Up States and High Courts For Not Filing Compliance Report On Directions Issued On Motor Accident Compensation Claims
1 year, 5 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 Accident Claim | Physical Disability Must Be Assessed With Reference To Victim's Nature Of Work : Supreme Court
1 year, 6 months ago

Motor Accident Claim | Physical Disability Must Be Assessed With Reference To Victim's Nature Of Work : Supreme Court

Live Law  

The Supreme Court on Tuesday observed that in cases of motor accident claims, the physical disability caused due to an accident must be judged with reference to the nature of the work being done by the injured for assessing award of compensation. 2 SCC 267 a division bench of Justice Abhay S. Oka and Justice Rajesh Bindal observed that “.any …

S.166 MV Act | Compensation Can Be Granted Even When Accident Is Caused By ‘Standing Vehicle’: Orissa High Court
1 year, 8 months ago

S.166 MV Act | Compensation Can Be Granted Even When Accident Is Caused By ‘Standing Vehicle’: Orissa High Court

Live Law  

The Orissa High Court has recently reiterated that the expression “use of motor vehicles” employed under Section 165 of the Motor Vehicles Act includes accident caused by the offending vehicle when it is not moving and is in static/standing position. While setting aside a contrary order of the Motor Vehicle Claims Tribunal, a Single Bench of Justice Bibhu Prasad Routray …

Delhi High Court Upholds Recovery Of Compensation From Underage Driver’s Father In Road Accident Case
1 year, 11 months ago

Delhi High Court Upholds Recovery Of Compensation From Underage Driver’s Father In Road Accident Case

Live Law  

The Delhi High Court has dismissed an appeal challenging the grant of recovery rights to an insurer against the registered owner of the car whose son was involved in a road accident leading to the death of a 42 year old man in 2013.Justice Rekha Palli said the 42-year-old man lost his life only because the minor's father did not …

Important Judgments Of Madras High Court 2022
2 years ago

Important Judgments Of Madras High Court 2022

Live Law  

LiveLaw reported 525 judgements from Madras High Court in 2022. Quota For Govt School Students In Medical Admissions Justified As They Are A "Socially & Educationally Backward Class": Madras High Court Case Title: Ms Preethika C v. State of Tamil Nadu and Ors Citation: 2022 LiveLaw 142 The Madras High Court has upheld the validity of The Tamil Nadu Admission …

Compensation For "No Fault Liability" U/S 140 MV Act Is Adjustable In Claims Of Compensation For Fault Liability: JKL High Court
2 years ago

Compensation For "No Fault Liability" U/S 140 MV Act Is Adjustable In Claims Of Compensation For Fault Liability: JKL High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Wednesday ruled that compensation paid under the "No Fault liability" provision is adjustable in the compensation claimed for fault liability under Section 166 of the Motor Vehicles Act, 1988. The observations came from Justice Rahul Bharti while hearing an appeal in terms of which the insurance company had challenged an interim …

Hit & Run Cases: Kerala High Court Explains Procedure To Claim Compensation Under 1989 Solatium Scheme
2 years, 2 months ago

Hit & Run Cases: Kerala High Court Explains Procedure To Claim Compensation Under 1989 Solatium Scheme

Live Law  

The Kerala High Court recently embarked upon a detailed analysis of the Solatium Scheme of 1989 framed by the Central Government under Section 163 of the Motor Vehicles Act, 1988 which provides for compensation in hit and run accidents.Justice P.V. Thus, the Court deduced that, From a combined reading of Clauses 20, 21 and 22, it is clear that the …

Palakkad Bus Accident : Kerala High Court Takes Suo Motu Cognizance, Asks About Fitness Certificate Of Bus
2 years, 3 months ago

Palakkad Bus Accident : Kerala High Court Takes Suo Motu Cognizance, Asks About Fitness Certificate Of Bus

Live Law  

The Kerala High Court on Thursday initiated suo motu proceedings on the Vadakkancherry bus accident. A Division Bench consisting of Justice Anil K. Narendran and Justice P. G. Ajithkumar initiated the suo motu proceedings and has sought report from the Police Department and the Motor Vehicles Department on the accident. The Court had previously held that the use of high-power …

S.163A MV Act | Borrower Of Vehicle Can't Claim Compensation From Insurer In Absence Of Personal Accident Coverage: Kerala HC
2 years, 3 months ago

S.163A MV Act | Borrower Of Vehicle Can't Claim Compensation From Insurer In Absence Of Personal Accident Coverage: Kerala HC

Live Law  

The Kerala High Court on Friday held that compensation could not be awarded to the heirs of the deceased, who 'stepped into the shoes of the owner', by borrowing the vehicle and whose rash and negligent driving brought about his own death.Justice Sophy Thomas, while setting aside the order of the Motor Accident Tribunal granting compensation to the heirs of …

Owners & Manufacturers Liable For Illegal Modification Of Vehicles; Not Shopkeepers: Kerala High Court Opines Prima Facie
2 years, 4 months ago

Owners & Manufacturers Liable For Illegal Modification Of Vehicles; Not Shopkeepers: Kerala High Court Opines Prima Facie

Live Law  

The Kerala High Court recently held that as per the provisions of the Motor Vehicles Act and the Central Motor Vehicle Rules, the liability for alteration of vehicles is on the owner or manufacturer of the vehicle and not on the shopkeeper.Justice Amit Rawal, while holding so, observed that in the instant case, the notices issued by the Road Transport …

Limitation Period For Filing Motor Accidents Claim Applicable Only Prospectively From April 1, 2022 : Kerala High Court
2 years, 6 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, 7 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, …

Appeal Filed By Insurance Company 'Unnecessary' Considering 'Smallness Of Amount': Gujarat High Court Upholds Compensation Award Of ₹65,200
2 years, 7 months ago

Appeal Filed By Insurance Company 'Unnecessary' Considering 'Smallness Of Amount': Gujarat High Court Upholds Compensation Award Of ₹65,200

Live Law  

Stating that the Insurance Company had unnecessarily filed an appeal for challenging a small compensation amount in a motor vehicles accident claim, Justice Sandeep Bhatt has affirmed the award of INR 65, 200 passed by the Motor Accident Claims Tribunal and dismissed the appeal of the Insurance Company. The Insurance Company contested that the negligence of the tempo driver should …

'Litigation Dragged To Court, Reflects Sorry State Of Affairs': Jharkhand High Court On Govt Dept's Failure To Satisfy Compensation Award
2 years, 7 months ago

'Litigation Dragged To Court, Reflects Sorry State Of Affairs': Jharkhand High Court On Govt Dept's Failure To Satisfy Compensation Award

Live Law  

The Jharkhand High Court recently expressed regret over a government department's failure to satisfy the compensation awarded to the kin of a motor accident victim, following her demise due to a mishap caused by the department's vehicle.Referring to State's Public Health Engineering Department, Justice Gautam Kumar Choudhary remarked,"The instant appeal reflects a sorry state of. The Jharkhand High Court recently …

Claim U/s 163A Of MV Act Not Maintainable Against Owner/Insurer Without Third-Party Involvement When Injured Was Driving The Vehicle: Madras HC
2 years, 9 months 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 …

Motor Accident Claim: Allahabad High Court Imposes ₹5 Lakhs Cost On Insurance Co. For 'Keeping Litigation Alive' For 20 Yrs
2 years, 9 months ago

Motor Accident Claim: Allahabad High Court Imposes ₹5 Lakhs Cost On Insurance Co. For 'Keeping Litigation Alive' For 20 Yrs

Live Law  

The Allahabad High Court recently imposed Rupees Five Lakhs on an insurance company while noting that it kept the litigation alive for almost 20 years in connection with a Motor Accident Claims case.The Bench of Justice Dinesh Kumar Singh imposed the exemplary cost on the Insurance Company as they made the complainant and her five. The Allahabad High Court recently …

Motor Accident | "Insurance Co. Can't Raise License Validity Issue In Appeal If It Wasn't Pleaded Before Tribunal": J&K&L High Court
2 years, 10 months ago

Motor Accident | "Insurance Co. Can't Raise License Validity Issue In Appeal If It Wasn't Pleaded Before Tribunal": J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently dismissed an appeal moved by an Insurance company wherein it had challenged the award made by Motor Accidents Claim Tribunal on the ground that the offending vehicle was being driven by the driver, who was not holding a valid driving licence.The Bench of Justice Rajnesh Oswal observed that since the appellant-Insurance …

Legal Representatives Entitled To Motor Accident Claim: Delhi HC Upholds Compensation Given To Children From Deceased's First Marriage
2 years, 11 months 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 …

Bombay High Court Weekly Round-Up: January 17 to 23
2 years, 11 months ago

Bombay High Court Weekly Round-Up: January 17 to 23

Live Law  

Weekly Round-Up Jan17- Jan 23 1. Senior Citizens Act: Bombay High Court Refuses Relief To Son Who Became Mother's Tenant & Dishoused Her Without Rent Case Title: Suryakant Kisan Pawar vs Deputy Collector, Mumbai and others Citation: 2022 LiveLaw 9 The Bombay High Court directed a son who "deprived his mother from leading a normal life" to vacate the house …

Kerala High Court Directs Motor Vehicle Department To Furnish Action Taken On Its Directions On Road Safety
3 years, 2 months ago

Kerala High Court Directs Motor Vehicle Department To Furnish Action Taken On Its Directions On Road Safety

Live Law  

The Kerala High Court recently made an attempt to reinforce the Rules and directions in place for road safety by directing the concerned officers to take necessary steps and ensure that no motor vehicle ply in any public place violating the statutory provisions.Justice Anil K. Narendran accordingly directed the Transport Commissioner, the Deputy Transport Commissioner and the Regional. The Kerala …

Motor Accident Claim Petition Does Not Abate On Death Of Injured Claimant: Supreme Court
3 years, 4 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 …

Supreme Court To Examine Methods To Expedite Compensation In Motor Accident Cases
3 years, 10 months 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 …

Motor Accidents Claims Tribunal awards reduced compensation to petitioner
3 years, 11 months ago

Motor Accidents Claims Tribunal awards reduced compensation to petitioner

The Hindu  

The Motor Accidents Claims Tribunal, Chennai, has cut compensation by 30% for an electrician after it was found that he was driving a motorcycle while inebriated and also did not have a valid driving licence or vehicle insurance. He named A.K.T Arunachalapandian, owner of the other motorcycle, and its insurer United India Insurance Co. Ltd. as respondents. In its response, …

No Limitation Period For Filing Motor Accident Claim Petition; Amendment Introducing Six Months Cap Yet To Be Notified, Clarifies Allahabad High Court
4 years, 1 month 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 …

Madras HC Issues Guidelines For Settlement Of Just Accident Compensation Under MV Act [Read Order]
4 years, 3 months ago

Madras HC Issues Guidelines For Settlement Of Just Accident Compensation Under MV Act [Read Order]

Live Law  

In order to minimize false claims and illegal practices in the matter of settlement of accident claims, the Madras has on Wednesday issued detailed guidelines for the settlement of just compensation. The insurance company had approached the High Court against an order of the Claims Tribunal granting compensation to the Respondent-victim, stating that the very factum regarding the accident was …

MV Act: Compensation Can Be Granted In Excess Of Amount Claimed, Reiterates SC [Read Order]
5 years, 1 month ago

MV Act: Compensation Can Be Granted In Excess Of Amount Claimed, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that it is permissible to grant motor accident compensation of any amount in excess to that one which has been claimed. Taking notice of the fact that the claimant was fruit seller on a hand-cart and that his right hand was amputated, injury has caused him permanent disability substantially affecting his business, the bench of …

File motor accident claims within a month, orders Telangana High Court
5 years, 9 months ago

File motor accident claims within a month, orders Telangana High Court

Deccan Chronicle  

Hyderabad: In view of the piling up of pending cases in large quantities related to paying of compensation in motor accident cases, the TS High Court considered the issue as a priority and has taken up the case suo moto. In order to reduce the period of pendency of claim cases and quicken the process of determination of compensation by …

Motor Accident Claims: No Restriction In Awarding Compensation Exceeding The Amounts Claimed By Claimants, Says SC [Read Judgment]
6 years, 1 month 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. …

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