Jharkhand HC Reduces Interest Rate, Compensation By MACT To Family Of Deceased 50-Year-Old, Cites Excessive Award Under Conventional Head
10 hours, 14 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 the learned Tribunal is modified to the extent that the total amount of compensation which would be payable to the claimants would be ₹8,17,600/- and 7.5% interest would be payable thereon from the date of filing the claim petition i.e., 30th March, 2012 till the date of actual payment.” Additionally, Justice Chand struck down the 18% penal interest imposed by the MACT, while emphasizing, “So far as the penal interest of 18% is concerned, the same also needs interference, reason being that if the said amount of Award along with interest is not paid by the Insurance Company within 45 days from the date of passing Award, for the same, execution proceeding may be initiated by the claimants under Section 174 of the Motor Vehicles Act. the same should not have been relied upon by the learned Tribunal because the Hon'ble Apex Court has awarded the said amount under the conventional head by exercising the power under Article 142 of the Constitution of India.” Instead, the High Court recalculated the compensation based on the principles laid out in National Insurance Company Ltd. vs. Pranay Sethi and Ors. Referring to the Supreme Court's ruling in National Insurance Company Ltd. vs. Mannat Johal and Ors., 2019 TAC 705, the High Court noted, “The Tribunal had awarded interest at the rate of 12% p.a. The court observed: “If the said amount of Award along with interest is not paid by the Insurance Company within 45 days from the date of passing Award, for the same, execution proceeding may be initiated by the claimants under Section 174 of the Motor Vehicles Act.” Case Title: The Oriental Insurance Company Limited vs Most.

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History of this topic

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 …

Admissions Made In Pleadings Are Binding U/S 21 Evidence Act, Cannot Be Retracted At Appellate Stage: Jharkhand High Court
2 weeks, 5 days ago

Admissions Made In Pleadings Are Binding U/S 21 Evidence Act, Cannot Be Retracted At Appellate Stage: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that admissions made in pleadings are binding under Section 21 of the Indian Evidence Act, 1872, and cannot be retracted at the appellate stage. The Tribunal had directed the Insurance Company to pay compensation with interest at 6% per annum and an additional penal interest of 9% if the amount was not paid within …

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 …

Jharkhand High Court Awards Compensation Under 'Future Prospects' Head For Death Of 33-Year-Old Homemaker In Motor Accident
1 month ago

Jharkhand High Court Awards Compensation Under 'Future Prospects' Head For Death Of 33-Year-Old Homemaker In Motor Accident

Live Law  

While enhancing the compensation awarded to the family of a 33-year-old woman who died on the spot in a road accident, the Jharkhand High Court observed that future prospects must be factored into the assessment of her contribution to the household. Referring to judgments on the aspect of awarding compensation for future prospects Justice Subhash Chand in its order observed, …

[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 …

Live Wire Accident: Jharkhand High Court Refuses To Enhance Compensation Based On Subsequent Govt Circulars/ Notifications
3 months, 2 weeks ago

Live Wire Accident: Jharkhand High Court Refuses To Enhance Compensation Based On Subsequent Govt Circulars/ Notifications

Live Law  

The Jharkhand High Court has refused to grant additional compensation to a man claiming that he lost 60% eyesight due to an accident from fall of a live wire in April 2018. It ruled that the accident had occurred before the Gazette notification issued by the Jharkhand State Electricity Regulatory Commission on December 21, 2018, rendering the claim for extra …

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court
5 months ago

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court recently held that the scope of an appeal against an award passed under the Employees Compensation Act is significantly limited, being permissible only if a substantial question of law is involved. The observation made by Justice Wani was based on a reading of Section 30 of the Employees Compensation Act which outlines …

Statutory bodies can't opt different ways to clear dues, says Telangana HC
1 year, 2 months ago

Statutory bodies can't opt different ways to clear dues, says Telangana HC

Deccan Chronicle  

Hyderabad: The Telangana High Court on Wednesday said the Hyderabad Metropolitan Development Authority and the Hyderabad Growth Corridor Limited cannot demand differential treatment in paying money owed to contractors for works done by them. The bench was dealing with an appeal filed by the HMDA challenging the orders of a Commercial Court, which had directed the HMDA and the HGCL …

Mumbai: Motor Accident Claims Tribunal awards Rs 1.36 cr compensation to kin of man killed in road accident
1 year, 3 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 …

Chandigarh: MACT awards ₹9 lakh relief to 18-yr-old rendered disabled in mishap
1 year, 7 months ago

Chandigarh: MACT awards ₹9 lakh relief to 18-yr-old rendered disabled in mishap

Hindustan Times  

The Motor Accident Claims Tribunal, Chandigarh, has penalised Chandigarh Transport Undertaking, its driver and insurer for an accident in September 2018 which had rendered a youth permanently disabled. Mohit Aggarwal, 18, of Varanasi, Uttar Pradesh, had filed a complaint against Inder Singh of Dadumajra Colony, Chandigarh, the driver of the bus involved in the accident, Chandigarh Transport Undertaking and insurer …

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 …

Motor Accident Tribunal Should Grant ₹1 Lakh Compensation For Upto 10% Permanent Disability Suffered By Minor: Gujarat High Court Reiterates
1 year, 10 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 …

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 …

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 …

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
2 years, 10 months 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 …

Motor Accident Compensation: Claimant Entitled To Future Loss Of Income Proportionate To Extent Of Disability Though There Is No Total Loss Of Income - Bombay High Court
2 years, 10 months ago

Motor Accident Compensation: Claimant Entitled To Future Loss Of Income Proportionate To Extent Of Disability Though There Is No Total Loss Of Income - Bombay High Court

Live Law  

The Bombay High Court observed that while determining the compensation that the applicant would be entitled to on account of loss of future earnings, even if the applicant has not suffered total loss of income due to permanent disability. The Bombay High Court was hearing an appeal from an impugned judgement of the Motor Accidents Claims Tribunal, Palghar which had …

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

Can 3rd Party Insurance Be Claimed When Accident Took Place On The Same Day The Policy Was Taken But The Coverage Starts Only From The Next Day?SC To Examine
3 years, 3 months ago

Can 3rd Party Insurance Be Claimed When Accident Took Place On The Same Day The Policy Was Taken But The Coverage Starts Only From The Next Day?SC To Examine

Live Law  

The Supreme Court on Tuesday stayed the operation of a Jharkhand High Court's order which allowed the claim in the case of a motor accident, that occurred a day prior to the coverage of the insurance period, but in which the insurance premium was paid on the very day of the accident.The Bench of Justice Sanjay Kishan Kaul and Justice …

Panchkula tribunal awards ₹31 lakh to kin of 2 accident victims
3 years, 3 months ago

Panchkula tribunal awards ₹31 lakh to kin of 2 accident victims

Hindustan Times  

The Motor Accident Claims Tribunal, Panchkula, has awarded about ₹31 lakh to two families from Punjab and Assam, which lost their members in a road accident in 2018. The Motor Accident Claims Tribunal, Panchkula, directed that the driver, owner and insurer of the offending vehicle are jointly and severally liable to pay the compensation. They had filed a complaint against …

HC enhances motor accident compensation ₹1.5 crore
3 years, 8 months ago

HC enhances motor accident compensation ₹1.5 crore

The Hindu  

The Madras High Court on Wednesday enhanced from ₹18.43 lakh to ₹1.5 crore, the motor accident compensation awarded by a tribunal to a young woman dentist, who was knocked down from her two-wheeler and run over by a Metropolitan Transport Corporation bus on April 18, 2013. The balance amount of ₹30 lakh awarded towards future medical expenses should be deposited …

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