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, 9 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 Company had not. 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. Essentially, Oriental Insurance Co. Ltd. had moved the High court challenging a 2009 award passed by the Presiding Officer, Motor Accidents Claim Tribunal, Rajouriby by virtue of which, a sum of Rs. The appellant-Insurance Company challenged the award on the ground that the offending vehicle was being driven by the driver, who was not holding valid driving licence at all and quantum of compensation is excessive.

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History of this topic

Jharkhand HC Reduces Interest Rate, Compensation By MACT To Family Of Deceased 50-Year-Old, Cites Excessive Award Under Conventional Head
14 hours, 54 minutes ago

Jharkhand HC Reduces Interest Rate, Compensation By MACT To Family Of Deceased 50-Year-Old, Cites Excessive Award Under Conventional Head

Live Law  

The Jharkhand High Court has slashed the interest rate on compensation awarded to the family of a 50-year-old barber who was struck by a mini-bus, ruling that the 12% annual interest granted by the Motor Accident Claims Tribunal, Dumka, was excessive. Justice Subhash Chand, presiding over the case, reduced the interest rate to 7.5%, stating, “The impugned Award passed by …

Employee's Compensation Act, 1923; To Absolve Liability, Insurer Must Prove Negligence By Employer In Verifying Employee's Driving License: Bombay High Court
6 days, 7 hours 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 …

Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs
1 week, 4 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 Accidents] Non-Validity Of Driver's License Violates T&C Of Insurance Policy By Owner Of Offending Vehicle: Calcutta High Court
3 weeks, 5 days 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 weeks 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 …

Courts Must Be Vigilant To Prevent Procedural Errors That Can 'Undo' Legal Proceedings: J&K High Court
4 weeks ago

Courts Must Be Vigilant To Prevent Procedural Errors That Can 'Undo' Legal Proceedings: J&K High Court

Live Law  

Highlighting the critical role of judicial diligence The Jammu and Kashmir and Ladakh High Court has emphasised that presiding officers of courts and tribunals must maintain unwavering vigilance in conducting legal proceedings. there is both a duty as well as a need for the presiding officers of the courts/tribunals to be unblinkingly watchful in date to date conduct of the …

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

Insurance Company Must Pay Full Insured Amount, Relief From Government Irrelevant: High Court
2 months ago

Insurance Company Must Pay Full Insured Amount, Relief From Government Irrelevant: High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has ruled that an insurance company cannot reduce the payout to a claimant based on ex gratia relief received from the government. The court emphasized that the insurance company is bound to pay the claim against the sum insured, regardless of any government relief received.

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

P&H High Court Expresses Distress Over Motor Accident Insurance Claims Pending Since 2006-07, Directs Registry To Notify Companies
4 months, 3 weeks ago

P&H High Court Expresses Distress Over Motor Accident Insurance Claims Pending Since 2006-07, Directs Registry To Notify Companies

Live Law  

Expressing "distress" over the pendency of Motor Accident Claim Tribunal cases in the High Court, the Punjab & Haryana High Court has said that in case any panel counsel of the Insurance Companies fails to appear, without seeking adjournment, the Court will ask other available counsel for the Company to assist the Court.Justice Sudeepti Sharma said, "This Court is distressed …

Insurance Company Not Liable To Indemnify If Vehicle Owner Fails To Discharge Initial Onus Regarding Validity Of Driver's License: J&K High Court
7 months, 3 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, …

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

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

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

Live Law  

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

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

Insurance Agents Liable For Errors In Insurance Applications, Must Provide Diligent Assistance To Customers: Jammu & Kashmir High Court
1 year, 4 months ago

Insurance Agents Liable For Errors In Insurance Applications, Must Provide Diligent Assistance To Customers: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir High Court recently held that insurance agents are required to provide careful and diligent assistance to customers while helping them complete insurance applications as intermediaries between clients and insurance companies. Therefore, we do not find any force in the argument of learned counsel for National Insurance Company that it was claimant-Inderjeet Singh who had wrongly written …

Motor Accident Claim | Physical Disability Must Be Assessed With Reference To Victim's Nature Of Work : Supreme Court
1 year, 5 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 …

Sikkim High Court Refuses To Invoke 'Pay & Recover' Principle Where Licensed Driver Hired By Insured Handed Over Vehicle To Unlicensed Driver
1 year, 6 months ago

Sikkim High Court Refuses To Invoke 'Pay & Recover' Principle Where Licensed Driver Hired By Insured Handed Over Vehicle To Unlicensed Driver

Live Law  

Justice Meenakshi Madan Rai was hearing an appeal against an award passed by the Motor Accidents Claims Tribunal at Gangtok granting compensation of Rs Twenty Four lakhs in favour of the claimant and permitting Insurer to recover the same from the Appellant herein, respondent No 3 and the respondent No 4. The Sikkim High Court has rejected the application of …

Invalid Or Expired DL No Excuse, Insurer Liable To Pay Accident Victim's Compensation: Bombay HC
1 year, 6 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 …

Once Criminal Court Finds A Person Guilty Of Rash & Negligent Driving, Motor Accident Tribunal Can't Hold Driver Was Someone Else: Karnataka High Court
1 year, 7 months ago

Once Criminal Court Finds A Person Guilty Of Rash & Negligent Driving, Motor Accident Tribunal Can't Hold Driver Was Someone Else: Karnataka High Court

Live Law  

The Karnataka High Court recently said that once a competent criminal court has found the driver of an offending vehicle guilty and convicted him for charges of rash and negligent driving and causing death, findings of Motor Accidents Claim Tribunal that the driver of the car was another person, cannot be accepted. A single judge bench of Justice N S …

Circumvented Round-About To Take Immediate Turn: Karnataka High Court Reduces Compensation Citing Contributory Negligence Of Deceased
1 year, 7 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 …

Delhi High Court Awards Over ₹65 Lakh Enhanced Compensation To Road Accident Victim With 100% Functional Disability; Total ₹1.12 Crore
1 year, 8 months ago

Delhi High Court Awards Over ₹65 Lakh Enhanced Compensation To Road Accident Victim With 100% Functional Disability; Total ₹1.12 Crore

Live Law  

The Delhi High Court has awarded over Rs. 65 lakh enhanced compensation to a woman who met with a motor-vehicular accident in 2011 when she was an 11-year-old school going girl. The court was hearing two appeals moved by Jyoti Singh as well as the ICICI Lombard General Insurance Corporation Limited challenging the compensation awarded by the MACT in 2011. …

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, 8 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
1 year, 9 months 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
1 year, 9 months 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 …

Driver With LMV Licence Can Drive Transport Vehicle Weighing Less Than 7500KG: Rajasthan High Court Relies On 'Mukund Dewangan' Decision
1 year, 9 months ago

Driver With LMV Licence Can Drive Transport Vehicle Weighing Less Than 7500KG: Rajasthan High Court Relies On 'Mukund Dewangan' Decision

Live Law  

The Rajasthan High Court has reiterated that a person holding license to drive Light Motor Vehicle is permitted to drive ‘Transport Vehicle’ in terms of the ratio laid down by the Supreme Court in Mukund Dewangan v. Oriental Insurance Company Limited.In Mukun Dewangan a 3-Judge bench of the Top Court held that transport vehicles, the gross vehicle weight of which …

Supreme Court Directs IRDAI To Consider If Personal Accident Cover Can Include Persons Other Than Owner
1 year, 10 months 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 …

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
1 year, 10 months 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
1 year, 10 months 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 …

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 …

Motor Vehicles Act, 1988: All India High Courts Cases 2022
1 year, 11 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 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 …

Insurance Company Cannot Escape Liability Just Because Driver Died of Heart Attack In Parked Vehicle: Karnataka HC
2 years, 3 months ago

Insurance Company Cannot Escape Liability Just Because Driver Died of Heart Attack In Parked Vehicle: Karnataka HC

Live Law  

The Karnataka High Court has held that an insurance company is not absolved of its liability to pay compensation, in case the driver of an insured vehicle dies of heart attack during the course of employment, only on the ground that the tipper lorry was not in use at the time of his death. Referring to an earlier ruling in …

Vehicle Owners Can't Be Expected To Make Enquiries With RTOs All Over Country To Cross Check Validity Of Driver's License: J&K&L High Court
2 years, 3 months ago

Vehicle Owners Can't Be Expected To Make Enquiries With RTOs All Over Country To Cross Check Validity Of Driver's License: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently held that it is open to insurance company to take a defence in a claim petition under MV Act that the driver of offending vehicle was not duly licenced, but it is required to prove such a plea. A bench of Justice Vinod Chatterji Koul observed, "Nevertheless, even after proving …

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, 3 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, 3 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, 3 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 …

Insurance Ombudsman Performs Quasi-Judicial Functions While Deciding Complaints; Award Can Be Challenged Under Article 227: Bombay High Court
2 years, 4 months ago

Insurance Ombudsman Performs Quasi-Judicial Functions While Deciding Complaints; Award Can Be Challenged Under Article 227: Bombay High Court

Live Law  

Observing that the Insurance Ombudsman is like a tribunal while deciding a complaint, the Bombay High Court on Thursday held that an insurance company can challenge Insurance Ombudsman's award before the High Court under Article 227 of the Constitution. The court was dealing with petition under Article 227 filed by an insurance company challenging Insurance Ombudsman decision granting relief to …

Motor Accident Claim Not A "Bonanza", Insurance Company Can't Be Saddled With Exorbitant Amounts For Temporary Injuries: Tripura High Court
2 years, 4 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 Claimants Have To Prove Case On Touchstone Of 'Preponderance Of Probabilities': Punjab & Haryana High Court
2 years, 5 months ago

Motor Accident Claimants Have To Prove Case On Touchstone Of 'Preponderance Of Probabilities': Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court recently held that the claimants in the proceedings under Motor Vehicles Act 1988 need to prove their case on the touchstone of preponderance of probabilities.However, it denied the claim in the instant case while stating that the claimants had not been able to even 'remotely prove' the factum of accident against the alleged offending vehicle.The …

Supreme Court Quarterly Digest 2022 - MOTOR ACCIDENT CASES (Jan- Mar)
2 years, 6 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, 6 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 …

MACT awards ₹ 20.81 lakh compensation to family of man killed in road accident
2 years, 7 months ago

MACT awards ₹ 20.81 lakh compensation to family of man killed in road accident

Hindustan Times  

The Motor Accident Claims Tribunal here has awarded a compensation of ₹20.81 lakh to the family of a Chhatbir Zoo employee who died in a road accident in 2019. MACT awards ₹ 20.81 lakh compensation to family of man killed in road accident The tribunal on Thursday awarded ₹20,81,416 as compensation to victim Jasvir Singh’s widow Rita, his three children …

Insurance Company Can't Deny Claim Merely Because Person Insured Is Allegedly Involved In Multiple Motor Accidents: Orissa High Court
2 years, 9 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 …

Motor Accident Claim | Offending Driver's Statement Can't Form Part Of Charge-Sheet: Gujarat High Court
2 years, 9 months 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 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 Company Liable To Pay Compensation Even Upon Exoneration, May Recover From Owner Later: Telangana High Court
2 years, 10 months 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
2 years, 10 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 …

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