Proceedings Before Motor Accident Cases Tribunal Are Inquisitorial In Nature: Calcutta HC [Read Judgment]
6 years, 10 months ago

Proceedings Before Motor Accident Cases Tribunal Are Inquisitorial In Nature: Calcutta HC [Read Judgment]

Live Law  

The Calcutta High Court recently held that proceedings before the Motor Accident Cases Tribunal are inquisitorial in nature.The Bench comprising Justice Protik Prakash Banerjee and Justice Dipankar Datta explained, ". The Calcutta High Court recently held that proceedings before the Motor Accident Cases Tribunal are inquisitorial in nature. With regard to the liability fastened on the scooter driver, the Court opined that the Appellant was estopped from challenging it as he had allowed adding him as a party to the proceedings before the Tribunal, and observed, "The Appellant did not challenge the order for such addition of party contemporaneously nor as a ground in the present memorandum of appeal. The Court further opined that the order cannot be modified at the instance of Mr. Singh, who was the victim of the accident, especially when the scooter driver had accepted his liability.

Justice Compensation Court Accident Tribunal Proceedings Singh Scooter Appellant Such A Tribunal Inquisitorial Nature Calcutta  motor  company  scooter  hc  liability  proceedings  inquisitorial  court  judgment  justice  appellant  nature  calcutta  read  compensation  tribunal  accident  cases

History of this topic

Top court calls for direct transfer of aid to motor accident victims
6 days, 23 hours ago

Top court calls for direct transfer of aid to motor accident victims

Hindustan Times  

The Supreme Court has directed that compensation awarded in motor accident claims should be directly transferred to the bank accounts of victims rather than being deposited with the Motor Accident Claims Tribunals first “so that insurance companies and the claimants are saved from hassles of the court processes”. The court also referenced previous rulings mandating direct bank transfers, including Haryana …

Andhra Pradesh High Court Lays Down Parameters For Disputing Negligence In Motor Vehicle Accident Claims Cases
1 week, 6 days 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 …

MV Act | 'Victim Deprived Of Compensation For Over 20 Yrs, Our System Responsible For Delay': Punjab & Haryana HC Awards ₹1.3 Crore As Damages
1 month, 1 week ago

MV Act | 'Victim Deprived Of Compensation For Over 20 Yrs, Our System Responsible For Delay': Punjab & Haryana HC Awards ₹1.3 Crore As Damages

Live Law  

Observing that the judicial system needs self-assessment as it was "responsible" for a delay of 24 years to decide "just compensation" to a road accident victim suffering pelvic fracture urethral injury, the Punjab and Haryana High Court has awarded the claimant Rs.1.3 Crores in compensation. The Court enhanced the compensation from Rs.7 lakhs awarded by the Tribunal to Rs.1.3 Crores …

[MACT] Tribunal Must Examine Question Of Deceased Being Gratuitous Passenger Before Attaching Liability On Insurance Company: J&K High Court
1 month, 2 weeks ago

[MACT] Tribunal Must Examine Question Of Deceased Being Gratuitous Passenger Before Attaching Liability On Insurance Company: J&K High Court

Live Law  

While remanding a case to the Motor Accident Claims Tribunal, the J&K High Court said that in the present accident case, the fact that the deceased was a gratuitous passenger and not the labourer of the offending truck owner on the date of the accident was not established for the purpose of compensation.The court said that the same could have …

Motor Vehicles Act | Victim Need Not Prove Negligence Of Offending Driver To Claim Compensation U/S 163A: Punjab & Haryana High Court
1 month, 3 weeks ago

Motor Vehicles Act | Victim Need Not Prove Negligence Of Offending Driver To Claim Compensation U/S 163A: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that negligence of the driver of the offending vehicle need not be proved under Section 163-A of the Motor Vehicle Act, to claim compensation.As per Section 163-A, notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of …

Motor Accident Claims Tribunal Can Look Into Police Records To Determine Question Of Negligence : Supreme Court
2 months, 3 weeks ago

Motor Accident Claims Tribunal Can Look Into Police Records To Determine Question Of Negligence : Supreme Court

Live Law  

The Supreme Court has reiterated that in motor accident claim cases, police records can be looked into by the Tribunal/Court to determine the question of negligence.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal referred to Mangla Ram v. Oriental Insurance Co. Ltd. and Ors which held that charge sheet and other documents collected by the police during the …

Supreme Court Yearly Digest 2024: Motor Vehicles Act, 1988
Trending News
2 months, 3 weeks 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
2 months, 3 weeks 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 …

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 …

[Motor Accidents] Non-Validity Of Driver's License Violates T&C Of Insurance Policy By Owner Of Offending Vehicle: Calcutta High Court
3 months, 3 weeks ago

[Motor Accidents] Non-Validity Of Driver's License Violates T&C Of Insurance Policy By Owner Of Offending Vehicle: Calcutta High Court

Live Law  

The Calcutta High Court has held that when a driver's license is invalid on the day of an accident, then it would be a violation of the terms and conditions of the insurance agreement by the owner of the offending vehicle, who allowed the driver to drive the vehicle without a valid license.Justice Ajay Kumar Gupta held: "Furthermore, when the …

Motor Accident Compensation - Supreme Court Awards Rs 15 Lakhs As Compensation For 'Pain & Suffering' To Claimant With 100% Disability
4 months ago

Motor Accident Compensation - Supreme Court Awards Rs 15 Lakhs As Compensation For 'Pain & Suffering' To Claimant With 100% Disability

Live Law  

Dealing with the case of a motor accident injured, the Supreme Court recently analyzed the jurisprudence on "pain and suffering" and enhanced the amount of compensation awarded - beyond what was prayed for.A bench of Justices CT Ravikumar and Sanjay Karol, allowing the appeal of the injured-appellant, awarded. Dealing with the case of a motor accident injured, the Supreme Court …

[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation
4 months, 1 week ago

[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation

Live Law  

The Jharkhand High Court has upheld the award of ₹11,45,932 granted by the Motor Accident Claims Tribunal, Dhanbad, to the widow of a carpenter who succumbed to injuries sustained in a fatal motorcycle accident. The court emphasised that failure of the insurance company to summon key witnesses or rebut the evidence presented by the claimants resulted in an adverse inference …

Overtaking on road an everyday happening, may not always be a rash act: Supreme Court
7 months, 1 week ago

Overtaking on road an everyday happening, may not always be a rash act: Supreme Court

The Hindu  

Overtaking is an “everyday occurrence” on Indian roads and may not always be a rash act, the Supreme Court said while enhancing the accident compensation due to a man who lost his wife in a head-on collision with a tractor 30 years ago. Not only was the claimant-appellant, Prem Lal Anand, doing an act which is an everyday occurrence on …

Motor Accident Compensation| Supreme Court Allows Compensation In Excess Of Claim On Payment Of Additional Court Fee
7 months, 3 weeks ago

Motor Accident Compensation| Supreme Court Allows Compensation In Excess Of Claim On Payment Of Additional Court Fee

Live Law  

Recently, the Supreme Court reiterated that there's no restriction upon the Motor Accident Claim Tribunal to award compensation exceeding the amount claimed by the claimant. The Court said that if the claimant is entitled to a higher amount than claimed, than he's entitled to be paid the actual compensation as determined by the court.The bench comprising Justices PS Narasimha. reported …

Motor Accident Claims Tribunal Has Discretion To Release Compensation Amount In Full Or In Part : Supreme Court
8 months ago

Motor Accident Claims Tribunal Has Discretion To Release Compensation Amount In Full Or In Part : Supreme Court

Live Law  

The Supreme Court of India clarified that the Motor Accidents Claims Tribunal has the discretion to release compensation all at once or in parts. A bench of Justice MM Sundresh and Justice Aravind Kumar was dealing with a petition contending that Rule 150A of the Central Motor Vehicles Rules, 2022 read with Annexure XIII interferes with the MACT's powers under …

Jeep owner to pay ₹40 lakh to accident victim’s family
11 months, 1 week 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 …

'Deceased Was Multi Tasking, Not Doing 9-5 Job' : Supreme Court Enhances Motor Accident Compensation
1 year ago

'Deceased Was Multi Tasking, Not Doing 9-5 Job' : Supreme Court Enhances Motor Accident Compensation

Live Law  

The Supreme Court recently enhanced the compensation in a motor accident claim after taking note of the fact that the deceased was deriving income from multiple jobs. Considering his age at the time of death as 52 years on the date of accident, the applicable multiplier would be as per the judgment of this Court in Sarla Verma and others …

No Evidence Of Contributory Negligence: Calcutta HC Directs Rs 40 Lakhs Additional Compensation For Family Of Man Who Fell From Bus & Died Due To Rash Driving
1 year, 1 month ago

No Evidence Of Contributory Negligence: Calcutta HC Directs Rs 40 Lakhs Additional Compensation For Family Of Man Who Fell From Bus & Died Due To Rash Driving

Live Law  

The Calcutta High Court has directed the insurance company to pay an additional compensation of Rs 40,08,687 at 6% per annum, to the relatives of a man who was killed after being thrown from the front gate of a bus he had boarded, due to the rash and negligent driving of the bus driver.In allowing the appeal against the order …

[Composite Negligence] Motor Accident Victim Can Choose To Claim Compensation From Owner Of One Of Two Vehicles Involved: Bombay High Court
1 year, 6 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 …

Mumbai: Motor Accident Claims Tribunal awards Rs 1.36 cr compensation to kin of man killed in road accident
1 year, 6 months ago

Mumbai: Motor Accident Claims Tribunal awards Rs 1.36 cr compensation to kin of man killed in road accident

India TV News  

A family of a deceased who died in a road accident in Thane won a case in the Motor Accident Claims Tribunal in which the accused and his insurance company were ordered to provide compensation of more than Rs 1.36 crore to the petitioner. The deceased's family, including his wife, parents and sister, contended that the accident took place "due …

Motor Accidents | 'No Negligence' Finding In Final Report Has No Bearing On Claim Petition As Standard Of Proof Is Different: Supreme Court
1 year, 8 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 …

Motor Accident Claim | Physical Disability Must Be Assessed With Reference To Victim's Nature Of Work : Supreme Court
1 year, 8 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, 10 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 …

Circumvented Round-About To Take Immediate Turn: Karnataka High Court Reduces Compensation Citing Contributory Negligence Of Deceased
1 year, 11 months ago

Circumvented Round-About To Take Immediate Turn: Karnataka High Court Reduces Compensation Citing Contributory Negligence Of Deceased

Live Law  

The Karnataka High Court has said that the onus is on the claimants to prove that there was rash and negligent driving only by the alleged offending vehicle driver causing the accident. To which the bench said “The evidence of the alleged eye witness when read with the spot sketch at would go to show that, the deceased has not …

Just Because A Driver Is Holding Valid Licence For LMV Doesn’t Mean He Is Authorised Or Competent To Drive A Two-Wheeler As Well: Delhi High Court
2 years, 1 month ago

Just Because A Driver Is Holding Valid Licence For LMV Doesn’t Mean He Is Authorised Or Competent To Drive A Two-Wheeler As Well: Delhi High Court

Live Law  

The Delhi High Court has set aside the award passed by a Motor Accidents Claims Tribunal where it had refused to grant recovery rights to the Insurance Company against the driver/owner of a two-wheeler involved in an accident. While rejecting the insurance company's argument that it is not liable to pay anything as the rider was not holding a valid …

Even If Driver Is Drunk, Insurer Liable To Third Party: Kerala High Court
2 years, 1 month ago

Even If Driver Is Drunk, Insurer Liable To Third Party: Kerala High Court

Live Law  

The Kerala High Court on Monday held that Insurance Company would be liable to initially compensate a motor accident victim, even if the condition in policy against driving of vehicle in an intoxicated state is violated by the driver.The Single Judge Bench of Justice Sophy Thomas observed,"Undoubtedly, when the driver is in an inebriated state, certainly, his consciousness and senses …

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 …

Delhi High Court Upholds Recovery Of Compensation From Underage Driver’s Father In Road Accident Case
2 years, 2 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 …

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 …

Compensation For "No Fault Liability" U/S 140 MV Act Is Adjustable In Claims Of Compensation For Fault Liability: JKL High Court
2 years, 3 months 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 …

Claimants' Socio-Economic Background Should Be Considered While Awarding Motor Accident Compensation In Permanent Disability Cases : Supreme Court
2 years, 3 months ago

Claimants' Socio-Economic Background Should Be Considered While Awarding Motor Accident Compensation In Permanent Disability Cases : Supreme Court

Live Law  

Socio-economic background of the claimants must be considered while awarding compensation in cases of permanent disability caused due to motor accidents, the Supreme Court observed in a judgment delivered today.The bench of Justices Krishna Murari and S. Ravindra Bhat observed thus while allowing appeal filed by a claimant seeking enhancement of motor accident. Socio-economic background of the claimants must be …

Motor Vehicles Act -Claimant Whether Gratuitous Or Non- Gratuitous Cannot Fasten Liability On The Insurer Under The Provisions Of Motor Vehicles Act: J&K&L High Court
2 years, 6 months ago

Motor Vehicles Act -Claimant Whether Gratuitous Or Non- Gratuitous Cannot Fasten Liability On The Insurer Under The Provisions Of Motor Vehicles Act: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that In a claim with regard to death or disability of a person travelling by a goods vehicle /goods carriage, as gratuitous or non-gratuitous does not, by the application of statutory provisions of Motor Vehicles Act, fasten the liability on the insurer, except an owner of the load /goods travelling …

Motor Accident Claims - Just Compensation Exceeding The Claimed Amount Can Be Awarded: Supreme Court
2 years, 6 months ago

Motor Accident Claims - Just Compensation Exceeding The Claimed Amount Can Be Awarded: Supreme Court

Live Law  

The Supreme Court observed that Motor Accident Compensation exceeding the claimed amount can be awarded.In the matter of compensation, the amount actually due and payable is to be awarded despite the claimants having sought for a lesser amount and the claim petition being valued at a lesser value, the bench comprising Justices observed.In this case, the Motor Accident Claims Tribunal …

Motor Accident Claim Not A "Bonanza", Insurance Company Can't Be Saddled With Exorbitant Amounts For Temporary Injuries: Tripura High Court
2 years, 7 months ago

Motor Accident Claim Not A "Bonanza", Insurance Company Can't Be Saddled With Exorbitant Amounts For Temporary Injuries: Tripura High Court

Live Law  

The Tripura High Court recently observed that it can't impose exorbitant amount on insurance company for temporary injuries by a claimant under the Motor Vehicle Act. The learned Claims Tribunal below has awarded Rs.3,00,000/- towards the effect of injuries on the work capability of the claimant-appellant herein and the same is appropriate in nature. Court after hearing the counsels noted …

Refer Motor Accident Claims Which Can Be Compromised To Lok Adalat : Supreme Court
2 years, 7 months ago

Refer Motor Accident Claims Which Can Be Compromised To Lok Adalat : Supreme Court

Live Law  

The Supreme Court, on Thursday, directed compromisable insurance claims from the High Court and the Motor Accidents Claim Tribunal which adds up to one lakh fifty five thousand cases to be placed before the Lok Adalat that is proposed to be held on 13th August, 2022 for appropriate orders. The Apex Court all asked the General Insurance Corporation and insurance …

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, …

Appeal Filed By Insurance Company 'Unnecessary' Considering 'Smallness Of Amount': Gujarat High Court Upholds Compensation Award Of ₹65,200
2 years, 10 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 …

Bombay HC holds family of accident victim entitled to full compensation
2 years, 11 months ago

Bombay HC holds family of accident victim entitled to full compensation

Hindustan Times  

Mumbai: The Bombay High Court on Wednesday struck down an October 2016 order of the Motor Accident Claims Tribunal at Thane by which compensation payable to the family of a road accident victim was reduced by 60% on account of “contributory negligence” on part of the deceased, and held that the family was entitled to full compensation of ₹2.58 crore. …

Motor Accident Claim | Offending Driver's Statement Can't Form Part Of Charge-Sheet: Gujarat High Court
3 years ago

Motor Accident Claim | Offending Driver's Statement Can't Form Part Of Charge-Sheet: Gujarat High Court

Live Law  

The Gujarat High Court has held that when proceedings against a driver are instituted for negligence causing a motor accident, then such driver's statements cannot form part of the charge sheet filed against him. "The copy of charge-sheet filed against the driver of the offending vehicle – Truck and the fact that he is prosecuted in the Court of law, …

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

Motor Accident Compensation: Claimant Entitled To Future Loss Of Income Proportionate To Extent Of Disability Though There Is No Total Loss Of Income - Bombay High Court
3 years, 1 month ago

Motor Accident Compensation: Claimant Entitled To Future Loss Of Income Proportionate To Extent Of Disability Though There Is No Total Loss Of Income - Bombay High Court

Live Law  

The Bombay High Court observed that while determining the compensation that the applicant would be entitled to on account of loss of future earnings, even if the applicant has not suffered total loss of income due to permanent disability. The Bombay High Court was hearing an appeal from an impugned judgement of the Motor Accidents Claims Tribunal, Palghar which had …

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 …

HC enhances motor accident compensation ₹1.5 crore
3 years, 11 months ago

HC enhances motor accident compensation ₹1.5 crore

The Hindu  

The Madras High Court on Wednesday enhanced from ₹18.43 lakh to ₹1.5 crore, the motor accident compensation awarded by a tribunal to a young woman dentist, who was knocked down from her two-wheeler and run over by a Metropolitan Transport Corporation bus on April 18, 2013. The balance amount of ₹30 lakh awarded towards future medical expenses should be deposited …

Motor Accident Compensation Can't Be Reduced Saying Pillion Rider Didn't Wear Helmet; Not Contributory Negligence : Kerala High Court
3 years, 11 months ago

Motor Accident Compensation Can't Be Reduced Saying Pillion Rider Didn't Wear Helmet; Not Contributory Negligence : Kerala High Court

Live Law  

The Kerala High Court was recently faced with an interesting question of law when deciding appeals against a Motor Accidents Claims Tribunal Order – whether the Tribunal could reduce the compensation payable on a motorcycle accident if the deceased pillion rider rode without a helmet. Referring to Section 129 of the Motor Vehicles Act that made the non-wearing of a …

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 …

Motor Accidents Claims Tribunal awards reduced compensation to petitioner
4 years, 1 month 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, …

Madras HC Issues Guidelines For Settlement Of Just Accident Compensation Under MV Act [Read Order]
4 years, 6 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 …

Fundamental Duty Of Motor Accident Claims Tribunal To Arrive At A Conclusion And Award Just Compensation: Bombay HC [Read Judgment]
5 years, 5 months ago

Fundamental Duty Of Motor Accident Claims Tribunal To Arrive At A Conclusion And Award Just Compensation: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently observed that it is the fundamental duty of Motor Accident Claims Tribunal to arrive at a proper conclusion and award just compensation. The court concluded that a 'cryptic judgment' passed by MACT deserves remand and allowed an appeal filed by the Oriental Insurance Company Ltd. Justice Vibha Kankanwadi of Aurangabad bench set aside a judgment …

Discover Related