Motor Accident Claims | 'Legal Representative' Is One Who Suffers Loss; Need Not Be Spouse, Child Or Parent Of Deceased : Supreme Court
2 weeks, 1 day ago

Motor Accident Claims | 'Legal Representative' Is One Who Suffers Loss; Need Not Be Spouse, Child Or Parent Of Deceased : Supreme Court

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The Supreme Court recently ruled that the term 'legal representative' under the Motor Vehicle Act should not be given a narrow interpretation to exclude those persons as claimants who were dependent on the deceased's incomeThe Court said that if the claimants were dependent on the deceased's income, then they shall be granted compensation. The Supreme Court recently ruled that the term 'legal representative' under the Motor Vehicle Act should not be given a narrow interpretation to exclude those persons as claimants who were dependent on the deceased's income The Court said that if the claimants were dependent on the deceased's income, then they shall be granted compensation. The bench comprising Justice Sanjay Karol and Justice Prashant Kumar Mishra heard the case where the Motor Accident Claims Tribunal, while awarding compensation, didn't consider the 24-year-old deceased-Appellants' as dependents of the deceased. Applying the law to the facts of the case, the court observed: “In our view, in furtherance of the above exposition of law, the appellant Nos.4 and 5 being the father and younger sister of the deceased, both not financially independent, would fall under the definition of legal representatives for the purpose of claiming the compensation under the Motor Vehicles Act, 1988, and they were considered as dependents upon the income of the deceased, as he was doing wholesale business of selling fruits to meet the day-to-day expenses of the family.” Thus, the Court considered the Appellants were dependents and awarded them compensation.

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History of this topic

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

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

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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 …

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

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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 …

No Requirement To Establish Death Was Due To Wrongful Act Of Vehicle Owner In Claim U/S 163A Of Motor Vehicles Act: Sikkim High Court
2 months, 3 weeks ago

No Requirement To Establish Death Was Due To Wrongful Act Of Vehicle Owner In Claim U/S 163A Of Motor Vehicles Act: Sikkim High Court

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The Sikkim High Court recently dismissed an appeal filed by an insurance company contending that the accident was the result of vis major and beyond human control and therefore the said company is not liable to pay the compensation to the claimant, on the ground that in a claim for compensation under of Section 163A of the said Act the …

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

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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 …

MV Act | Supreme Court To Hear Plea Challenging 6 Months Limitation To File Motor Accident Compensation Claims
11 months, 3 weeks ago

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

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

'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

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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 …

Government Benefits To Deceased Employee Deductible From Compensation:Supreme Court
1 year, 1 month ago

Government Benefits To Deceased Employee Deductible From Compensation:Supreme Court

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In a recent case, the Supreme Court observed that the family of a deceased in a motor accident cannot seek "double benefits". If the family has received benefits from the State Government on account of the death of the deceased, then such benefits are liable to be deducted from the compensation payable under the Motor Vehicles Act. The Motor Accident …

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

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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 …

Motor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme Court
1 year, 6 months ago

Motor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme Court

Live Law  

The Supreme Court has reinstated an award originally granted by the Motor Accidents Claim Tribunal. More so in a circumstance, where the MACT had referred to the evidence available on record and then arrived at its conclusion, the re-appreciation of evidence by the High Court is without being sensitive to nature of lis before it.” The Supreme Court bench comprising …

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

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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 …

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 …

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: 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

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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 …

Advocates Cannot Throw­away Legal Rights Of Parties By Entering Into Arrangements Contrary To Law: Supreme Court
4 years, 2 months ago

Advocates Cannot Throw­away Legal Rights Of Parties By Entering Into Arrangements Contrary To Law: Supreme Court

Live Law  

Advocates cannot throw­away legal rights or enter into arrangements contrary to law, the Supreme Court observed in a judgment disposing appeal arising out of Motor Accident Compensation Claim filed by heirs of a deceased couple who died in an accident.In this case, the Motor Accident Claims Tribunal awarded a total sum of Rs 40.71 lakhs for both deceased to the …

Motor Accident Compensation- Future Prospects Can Be Granted Even In Cases Pertaining To Notional Income: Supreme Court
4 years, 2 months ago

Motor Accident Compensation- Future Prospects Can Be Granted Even In Cases Pertaining To Notional Income: Supreme Court

Live Law  

The Supreme Court has held that future prospects can be granted even in cases pertaining to notional income.The court observed thus while disposing an appeal arising out of Motor Accident Compensation Claim filed by heirs of a deceased couple who died in an accident. The Supreme Court has held that future prospects can be granted even in cases pertaining to …

Major, Married & Earning Son Of Deceased Can Claim Motor Accident Compensation: SC [Read Judgment]
5 years, 2 months ago

Major, Married & Earning Son Of Deceased Can Claim Motor Accident Compensation: SC [Read Judgment]

Live Law  

The Supreme Court has observed that major sons of the deceased who are married and earning can claim compensation under the Motor Vehicles Act, 1988. The bench comprising Justices AM Khanwilkar and Dinesh Maheshwari observed that the Tribunal has to consider the application filed by such legal representatives irrespective of the fact whether the concerned legal representative was fully. The …

No Claim Petition Under MV Act Maintainable When Driver-Cum-Owner Causes Accident Himself And No Other Vehicle Is Involved: SC [Read Judgment]
6 years, 6 months ago

No Claim Petition Under MV Act Maintainable When Driver-Cum-Owner Causes Accident Himself And No Other Vehicle Is Involved: SC [Read Judgment]

Live Law  

“A Claimant, in our view, cannot maintain a claim on the basis of his own fault or negligence and argue that even when he himself may have caused the accident on account of his own rash and negligent driving, he can nevertheless make the insurance company to pay for the same.”The Supreme Court has reiterated that when an owner-cum-driver of …

Defence Of Negligence Can’t Be Raised In Proceedings U/s 163A Of Motor Vehicles Act, Reiterates SC [Read Judgment]
6 years, 7 months ago

Defence Of Negligence Can’t Be Raised In Proceedings U/s 163A Of Motor Vehicles Act, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has upheld compensation awarded to the parents of deceased driver of the vehicle, reiterating that an insurer cannot be permitted to raise a defence of the negligence of the driver in proceedings under Section 163A of the Motor Vehicles Act.A bench comprising Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud set aside …

Defence Of Negligence Can’t Be Raised In Proceedings U/s 163A Of Motor Vehicles Act, Reiterates SC [Read Judgment]
6 years, 7 months ago

Defence Of Negligence Can’t Be Raised In Proceedings U/s 163A Of Motor Vehicles Act, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has upheld compensation awarded to the parents of deceased driver of the vehicle, reiterating that an insurer cannot be permitted to raise a defence of the negligence of the driver in proceedings under Section 163A of the Motor Vehicles Act.A bench comprising Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud set aside …

Motor Vehicle Act does not lay down separate criteria for death of a male and female child for seeking compensation: Delhi High Court [Read Judgment]
9 years, 3 months ago

Motor Vehicle Act does not lay down separate criteria for death of a male and female child for seeking compensation: Delhi High Court [Read Judgment]

Live Law  

It is painful to note that the award has been penned down by a lady Presiding Officer who has treated the death of an unmarried daughter to be falling in a category which does not entitle the claimants/parents to seek compensation for her death, the Court said.Delhi High Court Arkesh Jain vs. Mohd. Ishrar has clarified that Motor Vehicle Act …

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