What More Documents Could Have Been Filed To Prove The Accident: SC Relief To Family Of A Man Who Died In Mishap [Read Judgment]
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 that the accident could not. “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 that the accident could not be proved. What more documents could be filed than the documents filed by the claimants to prove the factum of the accident, asked the Supreme Court bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra while allowing an appeal against the dismissal of claim petition. “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,” the court said holding that the claimants had adduced sufficient evidence to prove the accident and the rash and negligent driving of the driver of the offending vehicle, which resulted in the death of Rajendra Prasad.

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History of this topic

Top court calls for direct transfer of aid to motor accident victims
3 days, 19 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, 3 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 …

Presumption As To Genuineness Weighs More In Favour Of Police Investigation Report Than Private Investigation: Andhra Pradesh High Court
1 week, 4 days ago

Presumption As To Genuineness Weighs More In Favour Of Police Investigation Report Than Private Investigation: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that when the reliability of a private investigator's report in comparison to the official record of police investigation is examined, “presumption as to genuineness will weigh more in favour of the police investigation report.” Single Judge Justice A. Hari Haranadha Sarma was dealing with a case involving an appeal preferred by an insurance …

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

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

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

Live Law  

The Supreme Court recently referred its decision relating to compensation under the Motor Vehicles Act, Deepal Girishbhai Soni and Ors. A three-judge bench in this case held that, where no case is made out for awarding compensation under Section 166 of the Motor Vehicles Act, the claimants cannot file their claim under Section 163A of the Act. The Bench of …

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

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

Live Law  

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

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

[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 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 …

Motor Accident Claims - Tax Returns Can Be Accepted To Determine Income Only If They Are Appropriately Produced : Supreme Court
2 months, 2 weeks ago

Motor Accident Claims - Tax Returns Can Be Accepted To Determine Income Only If They Are Appropriately Produced : Supreme Court

Live Law  

The Supreme Court, recently, while deciding a motor accident compensation claim case, observed that monthly income could be fixed after taking into account the tax returns. It reasoned that “Monthly income could be fixed taking into account the tax returns only if the details of payment of tax are appropriately brought into evidence so as to enable the Tribunal/Court to …

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

Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs
3 months, 1 week 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 Accident Compensation - Supreme Court Awards Rs 15 Lakhs As Compensation For 'Pain & Suffering' To Claimant With 100% Disability
3 months, 3 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
3 months, 3 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
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 …

Income Tax Return Is Statutory Document, Holds Precedence Over Salary Certificate When Determining Compensation Under MV Act: Rajasthan HC
4 months, 1 week ago

Income Tax Return Is Statutory Document, Holds Precedence Over Salary Certificate When Determining Compensation Under MV Act: Rajasthan HC

Live Law  

Rajasthan High Court has affirmed that if there are two documents for ascertaining the income of the deceased including a salary certificate from his/her employer and his/her Income Tax Returns, the latter shall be considered by the Court since these are statutory documents signed by the deceased himself/herself. It was submitted that as per the salary certificate provided by the …

Overtaking on road an everyday happening, may not always be a rash act: Supreme Court
7 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 …

Motor Accident Compensation| Supreme Court Allows Compensation In Excess Of Claim On Payment Of Additional Court Fee
7 months, 2 weeks ago

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

Live Law  

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

Claims tribunal asks truck owner to pay ₹65 lakh to accident victim’s kin
9 months, 3 weeks ago

Claims tribunal asks truck owner to pay ₹65 lakh to accident victim’s kin

Hindustan Times  

MUMBAI: The Motor Accident Claims Tribunal, a quasi-judicial body that adjudicates claims related to motor vehicle accidents, directed a truck owner recently to pay ₹65 lakh to the family of a 37-year-old school teacher who was mowed down by his truck in 2015. HT Image The tribunal further directed the family to deposit ₹60 lakh in fixed deposit for the …

Road accident: 10.46 lakh motor mishap claims worth Rs 80,455 crore pending nationwide, reveals RTI
9 months, 3 weeks 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 …

Documents issued by consular office can be proof for foreign employment, says Madras HC
10 months, 1 week ago

Documents issued by consular office can be proof for foreign employment, says Madras HC

New Indian Express  

MADURAI: The Madurai Bench of the Madras High Court recently observed that any document authenticated by the respective diplomatic and consular officer of a foreign country can be admitted as evidence in a case, even without the seal or sign of the employer, when the victim has met with an accident on Indian soil. A division bench of Justices RMT …

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 …

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
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 …

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

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

Live Law  

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

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

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

Live Law  

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

Panchkula: ₹70-lakh relief for family of banker crushed by truck
1 year, 2 months ago

Panchkula: ₹70-lakh relief for family of banker crushed by truck

Hindustan Times  

Over five years after a 51-year-old bank manager was crushed to death by a tipper truck, the Motor Accident Claims Tribunal, Panchkula, has awarded a compensation of ₹70.25 lakh with 6% interest to his family. As the truck was not insured at the time of the accident, the tribunal, presided over by Ved Parkash Sirohi, ruled that the compensation amount …

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 …

[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 …

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 …

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

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

India TV News  

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

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

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

Live Law  

The Supreme Court on Tuesday observed that in cases of motor accident claims, the physical disability caused due to an accident must be judged with reference to the nature of the work being done by the injured for assessing award of compensation. 2 SCC 267 a division bench of Justice Abhay S. Oka and Justice Rajesh Bindal observed that “.any …

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 …

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

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

Live Law  

The Delhi High Court has dismissed an appeal challenging the grant of recovery rights to an insurer against the registered owner of the car whose son was involved in a road accident leading to the death of a 42 year old man in 2013.Justice Rekha Palli said the 42-year-old man lost his life only because the minor's father did not …

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

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

Live Law  

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

Hit & Run Cases: Kerala High Court Explains Procedure To Claim Compensation Under 1989 Solatium Scheme
2 years, 4 months ago

Hit & Run Cases: Kerala High Court Explains Procedure To Claim Compensation Under 1989 Solatium Scheme

Live Law  

The Kerala High Court recently embarked upon a detailed analysis of the Solatium Scheme of 1989 framed by the Central Government under Section 163 of the Motor Vehicles Act, 1988 which provides for compensation in hit and run accidents.Justice P.V. Thus, the Court deduced that, From a combined reading of Clauses 20, 21 and 22, it is clear that the …

Motor Accident Claim - Dependents Entitled To Compensation For Loss Of Income Even If They Inherited Businesses & Properties Of Deceased : Supreme Court
2 years, 5 months ago

Motor Accident Claim - Dependents Entitled To Compensation For Loss Of Income Even If They Inherited Businesses & Properties Of Deceased : Supreme Court

Live Law  

The Supreme Court has held that motor accident compensation need not be reduced for the sole reason that that the business ventures and properties of the deceased were bequeathed to the claimants.In this case, the Deceased was a businessman in diverse areas and also drew income from his agricultural lands and leased out real estate. It consequently went on to …

Insurance Company Cannot Escape Liability Just Because Driver Died of Heart Attack In Parked Vehicle: Karnataka HC
2 years, 6 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 …

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

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

Live Law  

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

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

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

Live Law  

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

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

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 Claimants Have To Prove Case On Touchstone Of 'Preponderance Of Probabilities': Punjab & Haryana High Court
2 years, 8 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 …

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 …

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

MACT awards ₹ 20.81 lakh compensation to family of man killed in road accident
2 years, 10 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
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 …

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

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

Live Law  

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

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