Articles for Motor Accident

Mere Delay In FIR Registration No Ground To Reject Motor Accident Claim; But Delay Can Become Relevant Depending On Evidence : Supreme Court
3 weeks, 4 days ago

Mere Delay In FIR Registration No Ground To Reject Motor Accident Claim; But Delay Can Become Relevant Depending On Evidence : Supreme Court

Live Law  

The Supreme Court observed that although the delay in lodging an FIR would not be a ground to reject a Motor Accident Compensation claim, it gains relevance in cases where other evidence does not support the claimant's allegations.The bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah was hearing the appeal filed by the New India Assurance Co. Ltd. against the …

Supreme Court Evidence Accident Delay Respondent Fir Ground
[Motor Accidents] Non-Validity Of Driver's License Violates T&C Of Insurance Policy By Owner Of Offending Vehicle: Calcutta High Court
1 month, 2 weeks 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 …

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Supreme Court Sets Aside High Court's Decision in Motor Accident Case, Allows Compensation Claim
2 months, 3 weeks ago

Supreme Court Sets Aside High Court's Decision in Motor Accident Case, Allows Compensation Claim

Live Law  

The Supreme Court has ruled that in motor accident claim cases, the courts must apply the principle of preponderance of probability and cannot apply the test of proof beyond reasonable doubt. The court observed that in the case of the deceased biker's kin, the courts below have allowed the appeal and set aside the finding that the car was not …

Law Crime Motor Accident Death of a Person New Delhi
Motor Accident | Claimant Can Approach Tribunal Having Jurisdiction Over 'Issuing Office' Of Offending Vehicle's Insurer: Rajasthan HC
3 months, 4 weeks ago

Motor Accident | Claimant Can Approach Tribunal Having Jurisdiction Over 'Issuing Office' Of Offending Vehicle's Insurer: Rajasthan HC

Live Law  

The Rajasthan High Court has made it clear that a claimant seeking compensation for motor accident can approach the Tribunal having jurisdiction over the issuing office of the offending vehicle's insurer. A single judge bench of Justice Anil Kumar Upman referred to Section 166 of the Motor Vehicles Act which lays down that an application for compensation could be filed …

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Inter-District Transfer Of Motor Accident Claims Cases Can Be Done Under Article 227 Of Constitution, Not Under CPC: Orissa High Court
4 months, 1 week ago

Inter-District Transfer Of Motor Accident Claims Cases Can Be Done Under Article 227 Of Constitution, Not Under CPC: Orissa High Court

Live Law  

The Orissa High Court has held that application for inter-district transfer of motor accident claims cases from one tribunal to another can be done under Article 227 of the Constitution and not under the provisions of the Code of Civil Procedure. This Court is of the further view that the present Writ Petition under Article 227 is maintainable and the …

High Court Constitution Court Transfer Application Writ Motor Accident
Motor Accident Compensation| Supreme Court Allows Compensation In Excess Of Claim On Payment Of Additional Court Fee
5 months, 1 week 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 …

Compensation Motor Accident Claim Award Claimed Adv Mact
The ACT's Motor Accident Injuries insurance scheme leaving some car crash victims traumatised and out of pocket
6 months ago

The ACT's Motor Accident Injuries insurance scheme leaving some car crash victims traumatised and out of pocket

ABC  

Years after they lost their teenage son in a horrific car accident, Gary and Janice Seary are still battling to claim compensation. Part of navigating the latter half has been claiming compensation through the ACT's Motor Accident Injuries insurance scheme, which replaced the territory's Compulsory Third Party insurance scheme in 2019. An internet search revealed a "multitude" of information, including …

Insurance Injuries Treatment Compensation Car Accident Act
Over 10 lakh motor accident claims worth ₹80,455 crore pending nationwide, reveals RTI
7 months, 2 weeks ago

Over 10 lakh motor accident claims worth ₹80,455 crore pending nationwide, reveals RTI

Hindustan Times  

As many as 10,46,163 motor accident claims worth ₹80,455 crore are pending across the country and their numbers have increased constantly between 2018-19 and 2022-23, according to an information received through RTI Act. In his query to the Ministry of Road Transport and Highways, Jain had sought to know the total number of motor accident claims pending in the country …

Accident Claims Crore Number Jain Claim Motor
Road accident: 10.46 lakh motor mishap claims worth Rs 80,455 crore pending nationwide, reveals RTI
7 months, 2 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 …

Accident Claims Crore Number Jain Motor Pending
Motor Accident Claim | Physical Disability Must Be Assessed With Reference To Victim's Nature Of Work : Supreme Court
1 year, 6 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 …

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Motor Accident | Remarriage Not A Taboo Against Compensation To Widow Of Deceased: Bombay High Court
1 year, 9 months ago

Motor Accident | Remarriage Not A Taboo Against Compensation To Widow Of Deceased: Bombay High Court

Live Law  

The Bombay High Court recently held that remarriage will not disentitle the widow of a deceased in a motor accident from receiving compensation. Justice SG Dige observed that remarriage cannot be a taboo against motor accident compensation – “One cannot expect that for getting compensation of deceased husband, the widow has to remain widow for life time or till getting …

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Motor Accident Tribunal Should Grant ₹1 Lakh Compensation For Upto 10% Permanent Disability Suffered By Minor: Gujarat High Court Reiterates
1 year, 11 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 …

Compensation Motor Accident Tribunal Court Reiterates
Motor Vehicles Act, 1988: All India High Courts Cases 2022
2 years 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 …

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Important Judgments Of Madras High Court 2022
2 years ago

Important Judgments Of Madras High Court 2022

Live Law  

LiveLaw reported 525 judgements from Madras High Court in 2022. Quota For Govt School Students In Medical Admissions Justified As They Are A "Socially & Educationally Backward Class": Madras High Court Case Title: Ms Preethika C v. State of Tamil Nadu and Ors Citation: 2022 LiveLaw 142 The Madras High Court has upheld the validity of The Tamil Nadu Admission …

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Claimants' Socio-Economic Background Should Be Considered While Awarding Motor Accident Compensation In Permanent Disability Cases : Supreme Court
2 years, 1 month 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 …

Supreme Court Disability Compensation Court Accident Motor Accident Motor
MV Act - Multiplier Of Victims Upto The Age Group Of 15 Years Should Be Taken As '15' : Supreme Court
2 years, 2 months ago

MV Act - Multiplier Of Victims Upto The Age Group Of 15 Years Should Be Taken As '15' : Supreme Court

Live Law  

The Supreme Court observed that, while computing motor accident compensation, the multiplier of victims upto the age group of 15 years should be taken as '15'.There is certainly justification for selecting a lower multiplier of '15' in the case of victims belonging to the age group upto 15 years, the bench of Justices BR Gavai and CT Ravikumar observed.In this …

Supreme Court Compensation Court Victims Age Case Group
Motor Accident Claim - Dependents Entitled To Compensation For Loss Of Income Even If They Inherited Businesses & Properties Of Deceased : Supreme Court
2 years, 3 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 …

Business Supreme Court Properties Loss Court Skills Investments
Motor Accident Claims - Just Compensation Exceeding The Claimed Amount Can Be Awarded: Supreme Court
2 years, 4 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 …

Supreme Court Compensation Court Accident Claim Motor Awarded
Allahabad High Court Weekly Round Up: August 8 To August 14, 2022
2 years, 4 months ago

Allahabad High Court Weekly Round Up: August 8 To August 14, 2022

Live Law  

NOMINAL INDEX Fayanath Yadav S/O Late Devdutt Yadav v. State Of U.P. Case Citation: 2022 LiveLaw 363 In a judgment delivered last week, the Allahabad High Court modified the conviction of a murder accused from Section 302 IPC to Section 304 Part 1 IPC as it noted that the culpable homicide was committed without premeditation on being called a Kafir, …

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Allahabad High Court Organises Lawyers' Conclave On Exploring Ways & Means Of Expeditious Disposal Of Motor Accident Claims
2 years, 5 months ago

Allahabad High Court Organises Lawyers' Conclave On Exploring Ways & Means Of Expeditious Disposal Of Motor Accident Claims

Live Law  

The Allahabad High Court on Sunday organized a Lawyers' Conclave on "Exploring the Ways and Means for Expeditious Disposal of Motor Accident Claims and Discussion on New Amendments in M.V. The conclave was held under the aegis of Chief Justice Rajesh Bindal and was organized by the Committee to Monitor and Suggest Steps for Expeditious Disposal of Cases Related to …

High Court Court Accident Lucknow Claims High Disposal
Gujarat High Court Quarterly Digest: January To March 2022 [Citations 1-101]
2 years, 6 months ago

Gujarat High Court Quarterly Digest: January To March 2022 [Citations 1-101]

Live Law  

CITATIONS- 2022 LiveLaw 1 To 2022 LiveLaw 101 Monthly Digests Gujarat High Court Monthly Digest: January & February 2022 Gujarat High Court Monthly Digest: March 2022 NOMINAL INDEX M/S. Versus Commercial Tax Officer 2022 LiveLaw 101 JUDGMENTS/ORDER OF THE QUARTER Goods In Transit Can't Be Confiscated Under CSGT Act On Grounds Of Under-Valuation Or Wrong Route: Gujarat High Court Case …

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Advocate Utters 'Ugly & Harsh' Words Before Presiding Officer-MACT: Allahabad High Court Issues Contempt Notice
2 years, 7 months ago

Advocate Utters 'Ugly & Harsh' Words Before Presiding Officer-MACT: Allahabad High Court Issues Contempt Notice

Live Law  

The Allahabad High Court has issued a contempt notice to an advocate who used ugly and harsh words in the court of the Presiding Officer/ District Judge, Motor Accident Claims Tribunal, Hardoi, in December 2021.The Bench of Justice Arvind Kumar Mishra-I and Justice Manish Mathur found that prima facie, the act of the advocate scandalizes or tends to scandalize and …

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Mere Delay In Filing FIR Not Fatal In Motor Accident Claims If Adequate Explanation Is Offered: Gujarat High Court
2 years, 7 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 …

Court Victim Accident Motor Accident Delay Tribunal Fir
Supreme Court Weekly Round-Up: March 27 To April 3, 2022
2 years, 9 months ago

Supreme Court Weekly Round-Up: March 27 To April 3, 2022

Live Law  

Supreme Court Judgements 1. Article 226 - High Court Has To Deal With Grounds/Issues Raised In A Writ Petition And Pass Reasoned Order : Supreme Court Case Title: Vishal Ashwin Patel vs Assistant Commissioner of Income Tax Circle 25 | CA 2200 of 2022 Citation: 2022 LiveLaw 322 The Supreme Court observed that it is the duty of a court …

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