[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 Ltd. which clarified that in cases of composite negligence of two vehicles, it is entirely within the claimant's rights to sue one of the joint tortfeasors. The court emphasized that since the law allows claimants to sue one of the joint tortfeasors in cases of composite negligence, they cannot be forced to seek relief against other joint tortfeasors. The court also pointed out that in Uma Naidu's claim related to the same accident, the Tribunal directed only the truck’s insurance company to bear the entire compensation.

Compensation Court Car Accident Tribunal Insurer Naidu Owner Truck Joint Motor Claimants Composite Negligence  negligence  involved  insurer  car  owner  joint  accident  composite  court  claimants  compensation  vehicles  motor  tribunal  truck  victim  high

History of this topic

Top court calls for direct transfer of aid to motor accident victims
2 days, 17 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, 2 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 …

₹18-lakh relief for family of Ambala man killed in mishap
2 weeks, 6 days ago

₹18-lakh relief for family of Ambala man killed in mishap

Hindustan Times  

Nearly nine years after a 28-year-old man was killed after a speeding car hit his vehicle in Ambala in 2016, the Motor Accident Claims Tribunal has awarded his family a compensation of ₹18.34 lakh. The car driver, Manish Kumar, who lives in Ambala, owner Narinder Singh of Karnal and United India Insurance Company were made opposite parties. After hearing arguments …

[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 …

Legal Heirs Of Deceased Driver Entitled To Compensation Under Personal Accident Cover Even If Driver Was At Fault: Jharkhand High Court
1 month, 2 weeks ago

Legal Heirs Of Deceased Driver Entitled To Compensation Under Personal Accident Cover Even If Driver Was At Fault: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that the legal heirs of a deceased driver are entitled to compensation under the personal accident cover of an insurance policy, even when the driver himself was at fault for the accident. 2 lakhs and if such a situation is there, certainly the deceased entered into the shoes of the owner.” The court clarified …

Motor Vehicles Act | Victim Need Not Prove Negligence Of Offending Driver To Claim Compensation U/S 163A: Punjab & Haryana High Court
1 month, 2 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 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 …

Rajasthan HC Orders Compensation For Death Of Borrower Of Vehicle In Accident, Says He Stepped Into Owner's Shoes & Was Covered By Insurance
4 months ago

Rajasthan HC Orders Compensation For Death Of Borrower Of Vehicle In Accident, Says He Stepped Into Owner's Shoes & Was Covered By Insurance

Live Law  

Faced with conflicting Supreme Court decisions, Rajasthan High Court granted compensation to the claimants of a deceased affirming that in cases where the deceased was driving/ riding a borrowed vehicle, he/she steps into the shoes of the owner and thus shall be entitled for compensation towards personal accident cover as per contract of insurance in case premium was charged from …

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

Motor Accident Claims - Supreme Court Absolves Car Dealer From Liability For Death During Test Drive By Manufacturer's Employees
6 months, 2 weeks ago

Motor Accident Claims - Supreme Court Absolves Car Dealer From Liability For Death During Test Drive By Manufacturer's Employees

Live Law  

The Supreme Court refused to hold a car dealer liable to pay compensation under the Motor Vehicles Act, 1988 for the death of persons caused due to an accident which took place while the vehicle was taken for a test drive by the employees of the manufacturer.In this case, an accident took place during a test drive in which the …

Pay And Recover Principle Not Applicable If Minor Involved In Causing Accident, Owner Liable To Compensate Claimants: Karnataka High Court
9 months, 1 week 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 …

Insurance Company Not Liable To Indemnify If Vehicle Owner Fails To Discharge Initial Onus Regarding Validity Of Driver's License: J&K High Court
10 months, 2 weeks ago

Insurance Company Not Liable To Indemnify If Vehicle Owner Fails To Discharge Initial Onus Regarding Validity Of Driver's License: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has ruled that an insurance company cannot be held liable to compensate an insured unless the vehicle owner discharges the initial burden of proving the driver's license validity. In dismissing a review petition and upholding its order of exonerating the insurance company from its liability to indemnify Justice Javed Iqbal Wani observed, …

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

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 …

Damaged Car Owner Can Claim Amount From Offending Vehicle's Insurer If Damage Amount Not Fully Reimbursed By His Own Insurer: Karnataka HC
1 year, 2 months ago

Damaged Car Owner Can Claim Amount From Offending Vehicle's Insurer If Damage Amount Not Fully Reimbursed By His Own Insurer: Karnataka HC

Live Law  

The Karnataka High Court has held that in a motor accident if the total amount for repairs is not reimbursed by the insurer of the damaged vehicle, the claimant will have every right to approach the Motor Accident Claims Tribunal to seek an order for payment of the balance amount from the insurer of the offending vehicle. However, if the …

Supreme Court Sets Aside Motor Accident Compensation Awarded To Elder Brothers Of Deceased; Says They Weren't Dependants
1 year, 3 months ago

Supreme Court Sets Aside Motor Accident Compensation Awarded To Elder Brothers Of Deceased; Says They Weren't Dependants

Live Law  

Recently, the Supreme Court, in its order dated December 04, rejected the compensation awarded to the brothers of the deceased victim under the Motor Vehicles Act, 1988. The Court did not accept that three older married siblings would be dependent on the victim's earnings. Before the High Court, the appellant mainly contested that the respondents were the elder brothers of …

Private Car Act Policy | Gauhati High Court Sets Aside MACT Order Directing Insurance Company To Pay Compensation For Death Of Car Occupant
1 year, 3 months 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 …

RTO Not Liable To Compensate Victim For Accident From Uninsured Vehicle: Kerala High Court
1 year, 5 months ago

RTO Not Liable To Compensate Victim For Accident From Uninsured Vehicle: Kerala High Court

Live Law  

The Kerala High Court has held that Registration Authorities like the Road Transport Officer or the District Collector cannot be made liable to pay compensation for road accidents from uninsured vehicles. Justice Dinesh Kumar Singh observed that the owner of the vehicle has the primary responsibility to get the vehicle insured, so the owner alone or driver or both will …

Insurance Company Not Liable If Claimant Was Travelling In Trailer Which Was Not Insured Even If Tractor Was Insured: Supreme Court
1 year, 6 months ago

Insurance Company Not Liable If Claimant Was Travelling In Trailer Which Was Not Insured Even If Tractor Was Insured: Supreme Court

Live Law  

The Supreme Court observed that the insurance company is not liable if the claimant was travelling in the trailer attached to the tractor, which was not insured though tractor was insured.When a tractor and trailer are involved, both the tractor as well as the trailer are required to be insured, the bench of Justices observed.In this case, the Bombay High …

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 …

Invalid Or Expired DL No Excuse, Insurer Liable To Pay Accident Victim's Compensation: Bombay HC
1 year, 9 months ago

Invalid Or Expired DL No Excuse, Insurer Liable To Pay Accident Victim's Compensation: Bombay HC

News 18  

An insurance company is liable to pay compensation to accident victim’s kin even if the driving licence of the offending vehicle’s driver has expired and not renewed as an expired licence would not make him an unskilled driver, the Bombay High Court has said. Reportedly, the court was hearing a petition filed by the family members of the deceased woman …

Circumvented Round-About To Take Immediate Turn: Karnataka High Court Reduces Compensation Citing Contributory Negligence Of Deceased
1 year, 10 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 …

MV Act | Insurer Cannot Escape Liability On Premise That Legal Heirs Of Deceased Owner Were Not Parties To Claim Petition: J&K High Court
1 year, 11 months ago

MV Act | Insurer Cannot Escape Liability On Premise That Legal Heirs Of Deceased Owner Were Not Parties To Claim Petition: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that the insurer cannot escape its liability to pay compensation to the claimants on the ground that the legal heirs of the deceased owner were not made parties to the claim petitions. In order to address the question as to whether, in the face of aforesaid provision, the present …

Insurance Company Not Liable To Pay Compensation For Death Of Gratuitous Passengers Travelling In Goods Vehicle: Gauhati High Court Reiterates
2 years ago

Insurance Company Not Liable To Pay Compensation For Death Of Gratuitous Passengers Travelling In Goods Vehicle: Gauhati High Court Reiterates

Live Law  

The Gauhati High Court recently reiterated that Insurance Company cannot be held liable to pay compensation for the death of gratuitous passengers travelling in goods vehicle. While allowing the appeal filed by the insurance company, the single judge bench of Justice Parthiv Jyoti Saikia held: “The Insurance Company is not liable to pay compensation to the claimant. The court relied …

Insurance Company Not Liable To Unauthorised Passengers Traveling In Offending Vehicle, Pay & Recover Principle Not Applicable: J&K High Court
2 years ago

Insurance Company Not Liable To Unauthorised Passengers Traveling In Offending Vehicle, Pay & Recover Principle Not Applicable: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed that once it is shown that deceased/injured persons were traveling as unauthorised passengers in an offending vehicle and their risk is not covered under the terms insurance policy, the insurer cannot be saddled with the liability to compensate them and even the principle of 'Pay and Recover' will not be …

Supreme Court Directs IRDAI To Consider If Personal Accident Cover Can Include Persons Other Than Owner
2 years, 1 month ago

Supreme Court Directs IRDAI To Consider If Personal Accident Cover Can Include Persons Other Than Owner

Live Law  

The Supreme Court has directed the Insurance Regulatory Development Authority of India to consider whether claims by family members, friends, or such persons other than the registered owner driving or riding borrowed vehicles, could be the beneficiaries of personal accident cover, where the accidents could not be attributed to other ‘offending’ vehicles or the drivers’ own. The Supreme Court has …

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 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 …

[Principle Of Pay & Recover] Statutory Right Of Third Party To Be Compensated U/S 149 MV Act Even If Vehicle Owner Contests Claim: Karnataka HC
2 years, 5 months ago

[Principle Of Pay & Recover] Statutory Right Of Third Party To Be Compensated U/S 149 MV Act Even If Vehicle Owner Contests Claim: Karnataka HC

Live Law  

The Karnataka High Court has said the 'Principle of Pay and Recover' under section 149 of the Motor Vehicles Act is a statutory right available to third party and it cannot depend on whether the owner of offending vehicle contests the claim petition or not, or may or may no prefer an appeal against the Tribunal order. A single judge …

Passenger Injured On Account Of Mine Blast Entitled To Compensation Under Motor Vehicle Act: J&K&L High Court
2 years, 5 months ago

Passenger Injured On Account Of Mine Blast Entitled To Compensation Under Motor Vehicle Act: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Thursday ruled that even if the cause of accident is remote or as a result of subversive activity involved, the victim is entitled to grant of compensation under Motor Vehicle Act. Adjudicating upon the matter the bench observed that even if the cause of accident is remote or as a result …

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 Vehicle Act | Insurer Liable To Compensate Spare Driver If Only One Claim Made: Karnataka High Court
2 years, 6 months ago

Motor Vehicle Act | Insurer Liable To Compensate Spare Driver If Only One Claim Made: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that the insurer is very much liable to pay compensation in respect of a spare driver under Section 147 of Motor Vehicles Act, if there is only one claim under the policy. Reliance was placed on the judgment of the coordinate bench in the case of United India Insurance Company Vs. Smt.Shanthavva And Others …

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 …

Motor Accident Death | Kerala High Court Lays Down 'Twin Conditions' To Claim Compensation In Plea Alleging Driver's Negligence
2 years, 9 months ago

Motor Accident Death | Kerala High Court Lays Down 'Twin Conditions' To Claim Compensation In Plea Alleging Driver's Negligence

Live Law  

The Kerala High Court has held that in a claim under Section 166 of the Motor Vehicles Act, the petitioners must prove not only the negligence on the part of the driver or rider but also prove that the person alleged to have sustained injuries in a motor accident died in consequence of the accidental injuries. "The prime question arises …

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, 9 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 …

Liability Of Insurer Invited Due To "Involvement" Of Vehicle In Accident, Not Negligence Of Driver Per Se: Punjab & Haryana High Court
2 years, 10 months ago

Liability Of Insurer Invited Due To "Involvement" Of Vehicle In Accident, Not Negligence Of Driver Per Se: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently while dealing with a matter related to compensation in a motor accident act claim observed that negligence of the driver is not, per se, the reason for inviting liability by such a vehicle. The observation came from Justice Rajbir Sehrawat, who observed that it is the 'use of vehicle' on the road, which …

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. …

Insurance Company Can't Deny Claim Merely Because Person Insured Is Allegedly Involved In Multiple Motor Accidents: Orissa High Court
2 years, 11 months ago

Insurance Company Can't Deny Claim Merely Because Person Insured Is Allegedly Involved In Multiple Motor Accidents: Orissa High Court

Live Law  

The Orissa High Court has held that merely because a person driving a vehicle is involved in multiple road accidents, at different point in time, is no reason for the Insurance company to deny his claim.Single Judge Bench of Justice B.P. The Orissa High Court has held that merely because a person driving a vehicle is involved in multiple road …

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, 11 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 | "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 …

Motor Accident | Insurance Company Liable To Pay Compensation Even Upon Exoneration, May Recover From Owner Later: Telangana High Court
3 years, 1 month ago

Motor Accident | Insurance Company Liable To Pay Compensation Even Upon Exoneration, May Recover From Owner Later: Telangana High Court

Live Law  

The Telangana High Court recently ruled that in case of violation of insurance policy conditions, the insurer is still liable to pay the compensation to the claimant and it may recover the same from the owner of the offending vehicle later. It was contended by the counsel for claimant that in case of violation of policy conditions, the insurer is …

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 …

Rajasthan HC Reverses Finding Of Motor Accident Tribunal; Directs Insurer Of Offending Vehicle To Reimburse Payment Made By Opposite Vehicle's Insurer
3 years, 1 month ago

Rajasthan HC Reverses Finding Of Motor Accident Tribunal; Directs Insurer Of Offending Vehicle To Reimburse Payment Made By Opposite Vehicle's Insurer

Live Law  

Reversing the findings of a Motor Accident Tribunal which had fixed 50% contributory negligence on the truck driver against which the claimants' car had dashed, the Rajasthan High Court has directed the car insurance company to reimburse the payments made by insurer of the truck. Justice Birendra Kumar held that the Tribunal had passed the impugned order without taking note …

Insurance Company Not Liable To Indemnify Award When Driver Of Offending Vehicle Did Not Have Valid License : Gujarat High Court
3 years, 1 month ago

Insurance Company Not Liable To Indemnify Award When Driver Of Offending Vehicle Did Not Have Valid License : Gujarat High Court

Live Law  

An insurance company cannot be held liable for indemnity if the driver of the offending vehicle does not have a valid license on the date of the accident, Gujarat High Court has held. In an appeal filed against an order of Motor Accident Claims Tribunal which had held that the insurance company would be liable to indemnify an award for …

Motor Accident Compensation: Claimants Entitled To 'Future Prospects' Even If Deceased Was Not Earning: Supreme Court
3 years, 4 months ago

Motor Accident Compensation: Claimants Entitled To 'Future Prospects' Even If Deceased Was Not Earning: Supreme Court

Live Law  

The Supreme Court observed the even in case of a deceased who had no income at the time of death, their legal heirs shall also be entitled to future prospects by adding future rise in income.It is not expected that the deceased who was not serving at all, his income is likely to remain static and his income would remain …

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 …

Motor Vehicles Act - Third Party Insurance Deemed To Be Transferred Along With Effective Control Over Vehicle In A Hire Agreement: Supreme Court
3 years, 8 months ago

Motor Vehicles Act - Third Party Insurance Deemed To Be Transferred Along With Effective Control Over Vehicle In A Hire Agreement: Supreme Court

Live Law  

When a transport corporation hires a motor vehicle for use from its registered owner, the third-party insurance coverage will also be deemed to be transferred along with the vehicle, reiterated the Supreme Court in a recent decision.The person who is having the effective control and command of the vehicle will be regarded as the 'owner'. When a transport corporation hires …

Discover Related