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, if at all, chargesheet is filed against the driver, his own statement recorded in the said criminal case would never form a part of charge-sheet as it cannot be used against him during the course of trial", Justice Umesh Trivedi opined. The observation was made while hearing an appeal under Section 173 of the Motor Vehicles Act challenging the award passed by the Motor Accident Claims Tribunal wherein the Claimants were awarded compensation worth INR 25,28,000 with interest at 9% per annum. The High Court's foremost opinion was that the Appellant's own statement recorded in the said criminal case would not form a part of charge-sheet and cannot be used against him during the trial.

Court Accident Driver Tribunal Filed Truck Motor Inr Gujarat High Court high tribunal inr accident court gujarat offending form filed chargesheet driver negligence held drivers statement claim motor

History of this topic

1 week ago

Motor Vehicles Act | Claim U/S 163A Will Not Lie Against Anyone Other Than Owner Or Insurer: Kerala High Court

Live Law

The Kerala High Court has held that liability to pay compensation under Section 163A of the Motor Vehicles Act will not lie against any person other than the owner and the insurer of the vehicle because the claimant need not plead or establish negligence. Justice C.Pratheep Kumar relying upon the Division Bench decision in United India Insurance Co.Ltd., v. Madhavan …

2 weeks, 1 day 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 …

3 weeks, 5 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 …

1 month, 1 week ago

Mohali: ₹6.8-lakh relief for kin of scooterist killed in mishap

Hindustan Times

Over a year after speeding tipper truck claimed the life of a 62-year-old scooterist in a road accident in 2023, a local court on Friday awarded ₹6.8 lakh as compensation to his bereaved family. The untimely death of the deceased shattered his family members’ lives and caused them significant mental anguish, the Mohali court was informed. In their response, the …

1 month, 3 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 …

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 …

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 …

3 months ago

Burden Of Proof On Vehicle Owner To Establish Driver's Valid License: Jharkhand High Court Sets Aside ₹6.63 Lakh Compensation Award

Live Law

The Jharkhand High Court has clarified the burden of proof regarding liability in motor vehicle accident claims, observing that the owner of the offending vehicle must prove that the vehicle was being driven with a valid and effective driving license. Justice Subhash Chand, presided over the case and noted, “The very burden of proof lies upon the owner of the …

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 …

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 …

10 months ago

Road accident: 10.46 lakh motor mishap claims worth Rs 80,455 crore pending nationwide, reveals RTI

India TV News

An RTI report stated that as many as 10,46,163 motor accident claims worth Rs 80,455 crore are pending across the country and their numbers have increased constantly between 2018-19 and 2022-23. The Insurance Regulatory and Development Authority of India in response to the query filed by Supreme Court advocate KC Jain in April, stated that the end of the financial …

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 …

11 months, 3 weeks ago

Workmen's Compensation Act | Eligibility For Claim In Case Of Death Depends On Ability To Prove Accident Arose Out Of & In Course Of Employment: J&K High Court

Live Law

Delineating the critical importance of establishing a causal connection between accidents and employment in workmen's compensation claims the Jammu and Kashmir and Ladakh High Court has ruled that in case of an employee's death, claimants must demonstrate a clear link between the accident and the course of employment to be eligible for compensation under Section 3 of the Workmen 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 …

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 …

1 year, 3 months ago

Motor Accident Claims | Arrears Cannot Be Included In Calculation Of Salary For The Purpose Of Compensation: Bombay High Court

Live Law

The Bombay High Court recently held that arrears cannot be considered while calculating a person's salary for the purpose of compensation for a motor accident. Justice Shivkumar Dige, while upholding enhancement of compensation to the family of a deceased in an accident, deducted the amount of arrears mentioned in his salary slip while calculating monthly income. The court was dealing …

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 …

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 …

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 …

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 …

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 …

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 …

2 years, 7 months ago

Motor Accident Death | Compensation Must Balance Fiscal Conditions Of Country Where Deceased Earned & Place Where Kin Live: Gujarat High Court

Live Law

The Gujarat High Court recently enhanced the compensation granted by the Motor Accident Claims Tribunal to the kin of a deceased victim, who was earning in foreign currency prior to his death.The Bench comprising Justices AJ Desai and Mauna Bhatt relied on Supreme Court's decision in United India Insurance Co. Ltd. & ors. The Gujarat High Court recently enhanced the …

2 years, 7 months ago

Motor Accident Claims | Child Victim Can't Be Equated To Non-Earning Adult, Must Be Compensated Under Non-Pecuniary Heads: Gujarat HC Reiterates

Live Law

The Gujarat High Court has reiterated that children who are victims of motor accidents stand on a different footing from non-earning adults in matter of compensation.Recalling the Supreme Court's observations in Mallikarjun v/s Divisional Manager, National Insurance Company Limited, the Bench comprising Justice Gita Gopi added that compensation awarded should enable the child to. The Gujarat High Court has reiterated …

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 …

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, …

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 …

2 years, 10 months ago

Mere Delay In Filing FIR Not Fatal In Motor Accident Claims If Adequate Explanation Is Offered: Gujarat High Court

Live Law

The Gujarat High Court recently directed the Motor Accident Claims Tribunal to consider the claim petition filed by a motor accident victim, even though there was a delay of about 1 month in reporting the matter to the Police. In appeal, the claimant averred that the Tribunal had committed a gross error in rejecting the claim petition even though sufficient …

3 years 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 …

3 years, 1 month 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 …

3 years, 1 month ago

Motor Accident| Veracity Of Witness Adducing Evidence Of Victim's Income Can't Be Doubted Merely Because He Appeared Sans Employer's Permission: Jharkhand HC

Live Law

In a recent case seeking enhancement of compensation under the Motor Vehicle Act, 1989, the Jharkhand High Court refused to discard the testimony of a witness, General Manager at the company where the deceased used to work, merely because he appeared without permission from the Department Head.Justice Gautam Choudhary noted that the rules and protocols of official business in a …

3 years, 1 month ago

Only Use Of Motor Vehicle Required To Be Established U/S 163A MVA; Need Not Prove Someone Else Was Driving Negligently: Gujarat High Court

Live Law

Affirming that it is not necessary under Section 163A of the Motor Vehicles Act to prove that somebody else was driving the vehicle rashly and negligently which resulted in the death of the victim, the Gujarat High Court has imposed liability on the insurance company to pay compensation to the family of the deceased. where it was held: "Thus, when …

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 …

3 years, 3 months ago

Motor Accident Claims - Potential To Earn Can Be Considered To Determine Compensation If There Is No Evidence For Actual Income : Supreme Court

Live Law

The Supreme Court has held that even if there is no evidence on record of actual income, deceased person's potential to earn can be considered while considering insurance claims in motor accidents matter. The Motor Accidents Claims Tribunal, Ranchi in its judgement assessed the "future loss of income" of the deceased at Rs.20,000/month and on that basis arrived at a …

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 …

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, …

6 years, 4 months ago

What More Documents Could Have Been Filed To Prove The Accident: SC Relief To Family Of A Man Who Died In Mishap [Read Judgment]

Live Law

“In our view, what more documents could be filed than the documents filed by the appellants to prove the factum of the accident and the persons involved therein.”Fifteen years after a man died in an accident, his family got the compensation from the Supreme Court, which reversed the concurrent findings of the high court and the Motor Accidents Claims Tribunal …

6 years, 4 months ago

What More Documents Could Have Been Filed To Prove The Accident: SC Relief To Family Of A Man Who Died In Mishap [Read Judgment]

Live Law

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 …

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

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 …

7 years ago

Motor Accident Claim: SC Refuses To Entertain Contention Of Insurance Company Regarding Contributory Negligence On Part Of Driver [Read Judgment]

Live Law

While hearing an appeal against a 2017 Delhi High Court judgment in a motor accident claim, a Supreme Court bench of Justice Kurian Joseph and Justice Mohan M Shantanagoudar recently refused to entertain the contention of the insurance company that the contributory negligence of the taxi driver had not been established.Both the Motor Accidents Claims Tribunal, as well as the …

7 years ago

Motor Accident Claim: SC Refuses To Entertain Contention Of Insurance Company Regarding Contributory Negligence On Part Of Driver [Read Judgment]

Live Law

8 years, 5 months ago

Many Unaware About Their Right To Be Compensated For Motor Accidents, Observes SC [Read Judgment]

Live Law

Perusing an affidavit filed by the Union of India regarding motor accident deaths and insurance claim, the Supreme Court has noted that the number of insurance claims made on account of death is roughly half of the number of deaths.The Bench comprising Justice Madan B. Lokur and Justice D.Y. Perusing an affidavit filed by the Union of India regarding motor …

8 years, 6 months ago

Govt. Liable For Accidents in Public Roads Since Road Tax Is Levied By It: Kerala HC [Read Judgment]

Live Law

The Kerala High Court in L. Mini And Ors. Vs. Gireeshkumar And Anr., has dealt with a motor vehicle accident claim where the claimants were legal heirs of the deceased and the deceased was a pillion rider. When the deceased was the owner of the vehicle involved, which was brought by him knowingly that it may cause accident if not …

8 years, 6 months ago

Govt. Liable For Accidents in Public Roads Since Road Tax Is Levied By It: Kerala HC [Read Judgment]

Live Law

8 years, 9 months ago

Compensation awarded by MACT not ‘income’ and cannot be subjected to TDS and Income Tax: Madras HC [Read Judgment]

Live Law

In a very significant judgment, the Madras High Court has held that the compensation awarded by the Motor Accident Claims Tribunal to accident victims cannot be subjected to TDS and Income Tax since the compensation and the interest awarded therein does not fall under the term 'income' as defined under the Income Tax Act, 1961.Referring to a Himachal Pradesh High …

8 years, 9 months ago

Compensation awarded by MACT not ‘income’ and cannot be subjected to TDS and Income Tax: Madras HC [Read Judgment]

Live Law

8 years, 11 months ago

Delhi Court gives Rs.17 lakh compensation to family of road accident victim

Firstpost

A Delhi court has awarded Rs 17 lakh compensation to the kin of a 29-year-old man who died in a road mishap here in 2011. New Delhi: A Delhi court has awarded Rs 17 lakh compensation to the kin of a 29-year-old man who died in a road mishap here in 2011. The Motor Accident Claims Tribunal, presided by Manish …

Discover Related

2 days, 16 hours ago