Motor Vehicles Act, 1988—Section 163A—The "Yatri Suraksha Bima" policy, though not a traditional motor policy, requires the insurance company to compensate for passenger death—The tribunal awarded Rs. 1,77,000/-, which was increased to Rs. 5,00,000/- by the High Court—The insurance company must pay Rs. 1 lakh, with the remaining Rs. 4 lakhs recoverable from the bus owner. B. Amendments to Section 163A enhancing compensation apply to all pending claims and appeals, reflecting the principles of beneficial legislation. C. Compensation must be calculated as per the new schedule under Section 163A, covering fixed amounts for fatalities, disabilities, and minor injuries. D. Interest on compensation should be calculated from the date of filing the claim to the award date, based on prevailing bank rates....
Motor Vehicles Act, 1988—Section 173—Appealed for enhancement of compensation awarded by the Motor Accident Claim Tribunal—The Tribunal had initially awarded Rs. 5,71,500/- as compensation to the claimants for the death of Sanjay Kumar in a bus-truck collision—Dissatisfied, the appellants sought increased compensation—The High Court, noting contributory negligence, modified the award to Rs. 9,96,400/-, accounting for future prospects, deductions, and conventional heads of loss—The Insurance Companies, Oriental Insurance Co. Ltd. and National Insurance Co. Ltd., were directed to pay half each of the revised amount with 6% interest per annum from the date of filing. ...
Motor Vehicles Act, 1988 - Section 147(2)(b)—Case regarding the extent of liability of an insurance company for damage to third-party property, the court examined whether the appellant insurance company's liability was limited to Rs. 6,000 as per Section 147(2)(b) of the Motor Vehicles Act, 1988—The court determined that the respondent failed to provide sufficient evidence of damages, as they did not present testimony from a surveyor and did not clarify whether their car was insured for personal accident coverage or damage to their own vehicle—Furthermore, the court ruled that the appellant insurance company's liability was indeed restricted, both by the terms of the insurance policy and the statutory provision mentioned—As a result, the court upheld the limited liability of the insurance company, emphasizi...
Motor vehicle accident—Negligent driving—The judgment concerns a motor vehicle accident case where the claimants assert that the accident was caused by the rash and negligent driving of a bus—The court affirms the Tribunal's finding that the bus was involved in the accident based on witness statements, charge-sheet, and seizure memo—It acknowledges the driver's expired license at the time of the accident but rejects the argument that non-renewal contributed to the accident—The court relies on Supreme Court precedent (National Insurance Co. Ltd. vs. Swarn Singh) to emphasize that mere absence of a valid license is not a defense for the insurer unless it is proven to have contributed to the accident—The judgment concludes by stating that the insurer can seek reimbursement from the owner and driver...
Penal Code, 1860 (IPC)—Sections 279 and 337 — Motor Vehicles Act, 1988—Section 196 — Criminal Procedure Code, 1973 (CrPC)—Section 313—Acquittal of road accident—Accused of offenses under Sections 279 and 337 of the Indian Penal Code (IPC) and Section 196 of the Motor Vehicles Act arising from a road accident—The appeal contends that the trial court erred in dismissing credible evidence, including eyewitness testimony identifying the accused as the driver. Key Points: Subhash Chand was acquitted of charges related to a road accident. The prosecution appealed the acquittal, arguing that the evidence established the accused's guilt. The appellate court allowed the appeal and convicted the accused. Issues: Whether the prosecution adequately identified the accused...
Motor Vehicles Act, 1988—Section 166—Penal Code, 1860 (IPC) - Sections 279, 337 and 304A — Criminal Procedure Code, 1973 (CrPC)—Section 173—Motor vehicle accident resulted in the death of Jai Kishan—The claimants filed a petition seeking compensation, alleging negligence on the part of the vehicle owner and driver—The MACT awarded compensation to the claimants—The appeal challenges the MACT's decision based on conjecture and surmise—The court reviewed the evidence, considered the arguments, and partly allowed the appeal, reducing the compensation amount but upholding other aspects of the award. Key Points: Jai Kishan died in a motor vehicle accident. Claimants sought compensation for the deceased's death. The court upheld the finding of negligence but reduced the c...
Insurance Claim—Damaged car was carried—Owner paid a premium—Replacement of Car—In cases of total loss or constructive total loss due to damage, the insured does not have an automatic right to claim replacement of the vehicle under the BMW Secure. The insurer has the option to replace the vehicle with a new one instead of paying a monetary amount. The insured's right to claim under BMW Secure arises only when the insurer accepts the case of total loss or constructive total loss, established by the repair cost exceeding 75% of the Insured Declared Value (IDV). The appeal is partly allowed, concluding that the direction to replace the car is unsustainable, and a direction to provide monetary compensation is appropriate when the insurer accepts the case. Appeal allowed. ...
Railways Act, 1989—Section 2(n) read with clause (c) of Sections 123 and 23—Train accident—The deceased allegedly died in a train accident, and the appeal challenges the Railway Claims Tribunal's (RCT) judgment dismissing the claim petition—The RCT doubted the deceased's status as a bona fide passenger and dismissed the claim—The appellant challenges this decision, presenting evidence of the deceased's travel details and circumstances surrounding the accident—The court finds the RCT's judgment unsustainable, pointing out the credibility of the appellant's witnesses and the post-mortem report supporting an accidental fall from the train—The appeal is allowed, awarding compensation of Rs—8 lakhs with interest, and directing the deposit of the amount with the Registrar, RCT ...
Motor Vehicles Act, 1988 — Section 2(30)—Motor Accidents Claims Tribunal, Anantnag, in an execution petition against respondent No. 1. The Tribunal impleaded Farooq Ahmad Sofi (Waza) as respondent No. 2 to the execution proceedings. Respondent No. 1 is set exparte as no one appears on their behalf. The petitioner argues that once the right to recover from respondent No. 1 was adjudicated and upheld, the Tribunal had no authority to implead another person. The court agrees, citing precedent and the definition of "owner" in the Motor Vehicles Act. The impugned order is set aside, directing the Tribunal to proceed with the execution proceedings appropriately. ...
Motor Vehicles Act, 1988—Sections 140, 149 and 166—Fake driving licence—Motor accident—Compensation—Fact that a driving license is fake does not automatically absolve the insurance company from liability. When a seemingly valid driving license is presented by an employed driver, the burden is on the insurance company to prove that the vehicle owner did not exercise due diligence in verifying the authenticity of the license. Unless the license is obviously fake, expired, or there is a legitimate reason to doubt its validity, the insurance company cannot shift liability. Additionally, the insurance company cannot claim a right to recover compensation from the vehicle owners without proper pleading and proof. Therefore, the insurance company cannot recover the compensation amount from the vehicle owners. ...
Penal Code, 1860, Sections 304A, 338 and 279—Convicted and sentenced—Accident—Cross examine many of the prosecution witnesses—Revision petitioner was the sole accused in a case involving a road traffic accident. The accident resulted in the death of three individuals and injuries to several others. The trial court convicted the petitioner under various sections of the Indian Penal Code (IPC). The appellate court upheld the conviction. In the revision, it was argued that the petitioner was not given adequate opportunity for cross-examination. However, the appellate court found this claim unsubstantiated. The High Court, while upholding the conviction, reduced the petitioner's sentence due to the significant delay in the legal process and the petitioner's health issues. ...
(A) Employees Compensation Act, 1923—Sections 3 and 30—Railways Act, 1989 - Section 128—Death in an accident in the course of employment—Claim petition for Compensation—Appeal pertains to a claim petition for compensation after a person's death in a work-related accident—The claim was rejected on the grounds that the deceased was a member of the Armed Forces of the Union and not considered a "workman" under the 1923 Act—The key issue was whether the provisions of the 1923 Act applied to a member of the Railway Protection Force (RPF)—The 1923 Act, at the time of the accident, mandated compensation for workmen injured in the course of employment—The appeal was ultimately dismissed. (Para 20, 49, 51 & 62) (B) Railways Act, 1989—Sections 124, 124A and 1...
Code Of Civil Procedure, 1908 — Section 115 , Order 9 Rule 4—Gujarat Motor Vehicles Rules, 1989 — Rule 229—Non-appearance and subsequent dismissal of the Restoration Application for lack of prosecution—Applicant's counsel referred to the case of Bharatbhai Narsinghbhai Chaudhary, arguing that no claim petition should be dismissed for default and should be decided on its merits—Court accepted this argument and quashed the orders of dismissal—It directed the main matter to be restored to the concerned Tribunal for disposal within six months, with parties cooperating, and left the issue of interest for future consideration. ...
(A) Accident—Indian Penal Code, 1850—Sections 279, 308 read with Section 34—Accident—Girl fell down on road—She sustained injuries—Fracture of pelvis—Allegation against appellant was that without waiting for PW1 to board bus, he rang the bell as a result of which accused started bus—Additional Sessions Judge acquitted the driver and convicted the appellant—Appeal—High Court acquitted accused No. 3—While confirming conviction of appellant under Section 308, IPC—Question for consideration—Whether conviction of appellant for offence punishable under Section 308, IPC can be sustained—Determination of—In absence of intention and knowledge as contemplated by Section 299, IPC, offence of attempt to commit culpable homicide not amounting to murder was not ma...
Directions—National Green Tribunal Act, 2010—Sections 19 (1) and 20—Appeal against order passed by NGT—Filed by appellant—NGT issued directions against appellant—Determination of—Appellants who were respondent before NGT were not given an opportunity to file their objections to recommendations made by committee constituted by NGT—Which is apparent by fact that recommendations were uploaded and final order of NGT was passed three days later—Non-compliance with principle of natural justice—Impugned order set aside—Matter is remanded to NGT—For re-consideration from stage of recommendations filed by expert committee constituted by NGT—Appellants are entitled to file their objections, if they are so advised—Appeals allowed and disposed of in terms. (Para...
Aggregator—Motor Vehicles Act, 1988—Sections 93 and 2 (1-A)—Two interim orders—Passed by High Court—These orders, in effect permit plying of two-wheelers—For carrying passengers under a regime operated through aggregators—Two appeals filed by appellants against this orders—Determination of—Supreme Court was of the opinion, interim orders ought not to have been passed staying whole scale operation of a statutory regime till finalisation of policy—Supreme Court direct permanent stay on operation of impugned order passed by High Court—Which were interim in nature—Parties are given liberty to apply before High Court for early hearing of writ petitions—No doubt that on formulation of policy, each application for licence/permit in respect of two-wheelers to be operate...
Motor Vehicles Act, 1988—Section 147, 163A—The Third Party policy—Liability to pay compensation—Limited Liability—Appeal award—Tribunal awarded the compensation of Rs.3,69,500— the above accident took place when the deceased was riding the motorcycle owned by respondent No.2—No other vehicle was involved in accident—Policy terms and conditions which shows that the compensation shall be payable under only one of the items (I) to (iv) in respect of the owner driver arising out of any one occurrence and the total liability of the insurer shall not in the aggregate exceed the sum of Rs.1,00,000 during any one period of insurance—As deceased has stepped into shoes of owner of vehicle and not being a third party, claim is not maintainable —Held, Contract of insurance is based on ...
Motor Vehicles Act, 1988—Section 166, 173—contributory care less or composite care less—Liability to pay—Deceased was not driving any vehicle—He was travelling in the vehicle—It is clear that there was no act or omission on the part of the deceased to contribute the said accident—Held, Contention of the appellant of contributory care less is not sustainable—Liability in the case of composite negligence, normally should not be apportioned, as both the wrong doers are jointly and severally liable for the whole loss—Appeal is devoid of merits. (Para : 1, 8, 14, 16-25) ...
Suits Valuation Act, 1887 - Section 11 — Civil Procedure Code, 1908 (CPC)—Section 21, Section 99 — Motor Vehicles Act, 1988—Section 140, Section 166, Section 166(2), Section 173 ...
Income Tax Act, 1961: S.153C — Assessment of income of any other person — Initiation of search u/s.132 prior to the amendment to s.153C — Applicability of the amended s.153C — On facts, search u/s.132 conducted on the premises on 04.09.2013 and s.153C as it stood then was applicable – W.e.f. 01.06.2015, s.153C amended vide Finance Act, 2015 — Books of account or documents or assets seized by the Assessing Officer of the person other than searched on 25.04.2017, subsequent to the amendment of s.153 C — Issuance of notice u/s.153C on 04.05.2018 — Held: Proviso to s.153C creates a deeming fiction wherein any reference made to the date of initiation of search is deemed to be a reference made to the date when the Assessing Officer of the non-searched person receives the books of account or docume...
Motor Vehicles Act, 1988 (MV) - Section 166 ...
Motor Vehicles Act, 1988 (MV) - Section 147—Appeal challenges a judgment from a motor vehicle accident case—Claimant alleged injuries from a collision—Iinsurance company disputed liability—Asserting the policy covered only third-party risks—The court determined the insurance company was not liable due to the policy's terms and the vehicle's change of ownership—liability was placed on the vehicle's current owner, directing them to pay the compensation awarded by the tribunal—The appeal was allowed—exonerating the insurance company. ...
Motor Vehicles Act, 1988 (MV) - Section 173 ...
Motor Vehicles Act, 1988 (MV) - Section 173 ...
Motor Vehicles Act, 1988 (MV) - Section 166 ...
Motor Vehicles Act, 1988 (MV) - Section 147, Section 149, Section 170, Section 173 ...
Motor Vehicles Act, 1988 (MV) - Section 147, Section 149, Section 166, Section 170 ...
Motor Vehicles Act, 1988 (MV) - Section 166 ...
Complicity of offending vehicle—Motor Vehicles Act—Sections 166, 173—Code of Criminal Procedure—Section 169—Complicity of offending vehicle—Report criminal case—Tribunal has reject the claim of the appellants—Observation of Tribunal is mainly based upon the report under S.169 Cr.P.C—It is not specifically mentioned in report under S.169 CrPC that the said Matador was not present in the accident—Accident had taken place in the midnight and, therefore, this witness might have mistakenly stated that it was DCM Toyota instead of TATA Matador—Merely on this ground, his evidence cannot be ruled out—Respondents have not led any evidence about the non involvement of the aforesaid Matador—Held, impugned judgment passed by Tribunal is set aside. (Para : 1, 7, 15, 16,...
Motor Vehicles Act, 1988 (MV)—Section 181—Petitioners in a compensation case—Dissatisfied with the amount awarded and sought liability on the owner rather than the insurance company—Claimed that the deceased was their family's primary earner—Accident caused his death. The tribunal partly allowed the claim—Awarding compensation—Appellants argued that the insurance company should pay, citing a Supreme Court precedent—Court upheld the compensation amount but directed the insurance company to pay and recover from the vehicle owner. ...
Motor Vehicles Act, 1988 (MV) - Section 184, Section 279, Section 304A, Section 337 ...
Motor Vehicles Act, 1988 (MV)—Section 166—Two separate claims were filed by the wife and son of the deceased in M.V.C.No.5701/2012, as well as by the parents of the deceased in M.V.C.No.7169/2012, following a fatal accident—Primary issue was whether the claimants in M.V.C.No.5701/2012 were legally entitled to compensation—Court found that the second claimant in M.V.C.No.5701/2012, who was born out of wedlock—Entitled to compensation as a dependent of the deceased—Court also modified the compensation amount awarded to the claimants in M.V.C.No.7169/2012. ...
Motor Vehicles Act, 1988 (MV)- Section 166 ...
Penal Code, 1860 (IPC)—Sections 279, 337 and 338—Accident—Incident took place on 16.02.1995 i.e. more than 26 years ago.—Accused may deposit the fine of Rs.1000+1000 i.e. Rs.2000/- within a period of one month in the Trial Court—udgments of the Courts below are modified to the above extent—Appeal is partly allowed accordingly. ...
Negotiable Instruments Act, 1881, Section 138and 139—Criminal Procedure Code, 1973, Section 401 r/w 397—Cheque dishonour— ‘Stop payment’ instruction—The order of Conviction confirmed by appellate court—No impediment for the accused to produce his account extract to show that as on the date of issuance of Cheque there was sufficient funds in his account—The accused also admitted that Cheque belongs to his account and that bears his signature—The accused failed to rebut the presumption available to the complainant u/s 118 and 139 of the Act—No illegality, impropriety or incorrectness in the impugned orders of the Courts below—Therefore, the revision petition is dismissed. (Paras 16, 17, 27) ...
Motor Vehicles Act, 1988—Section 166—The claimant, Sudhakar Shetty, filed two appeals under Section 166 of the M.V. Act 1988, seeking compensation for a motorbike accident he suffered from—The claimant, who was riding his motorbike, was hit by an autorikshaw driver who was negligent and rash—The claimant suffered permanent physical disability and loss of earning capacity—He filed a claim petition under Section 166 of the Act, claiming Rs.65,05,000 from the owner and insurer—The Claims Tribunal framed issues such as whether the accident occurred due to the driver's negligence, whether the driver had a valid driving license at the time of the accident, and whether the claimant was entitled to compensation—The Claims Tribunal answered these questions, awarding a total compensation of Rs.22,29,640...
Motor Vehicles Act, 1988—Section 166—An accident with a petrol tanker, the claimant, a 56-year-old government servant, sought ₹50,00,000 for grievous injuries and loss of income due to permanent disability—The Tribunal awarded ₹19,15,682 with interest—The Insurance Company appealed, questioning liability due to the driver’s lack of a valid license for hazardous goods—The Court upheld the Tribunal's finding of negligence, affirming the Insurance Company's liability for compensation based on the principle of "pay and recover," as established in National Insurance Co. v. Swaran Singh—However, the Court recalibrated the compensation amount, applying a split multiplier method, resulting in a revised total of ₹9,72,159 for future income loss—The appeal was partially allowed...
Motor Vehicles Act, 1988—Section 166—The Tribunal's award of ₹20,000 for injuries sustained in a road traffic accident—The accident occurred due to the negligent driving of a tractor-trailer, resulting in grievous injuries, including a fracture—The appellant contended that the compensation awarded was inadequate, failing to account for pain, medical expenses, and loss of income—The court allowed the production of additional evidence, including the hospital case sheet, which confirmed hospitalization for 24 days and significant injuries—The court enhanced the compensation to ₹80,000, including specific amounts for pain and suffering, medical expenses, loss of income, and loss of amenities, along with interest at 6% per annum from the date of the petition, in addition to the initial ₹20,000 awar...
Motor Vehicles Act, 1988 - S.149(2)(a) | S.149(2)(a)(ii) — Accident — Willful negligence while employing driver — Impugned judgment is not liable to be sustained and is hereby set aside — Appeals allowed. ...
Railways Act, 1989 - Section 124A—Stipulates that in cases where compensation is not immediately paid, interest and penalties should be awarded—The interest rate should be reasonable, similar to accident claim cases under the Motor Vehicles Act of 1988—Compensation for untoward incidents leading to passenger death will be payable as of the date of the accident, with interest—If the awarded compensation at the time of the tribunal's decision is higher than the unrevised amount with interest, the higher amount must be given—This ruling does not affect finalized awards, and the absence of a ticket does not necessarily negate a claim of being a bona fide passenger. ...
Motor Vehicles Act, 1988—Section 166—Modified the compensation—Supreme Court considered previous judgments and applied a multiplier for the permanent disability of 85%—Court awarded compensation for future loss of earnings and the cost of a change of artificial limb, resulting in a total compensation of Rs. 23,26,835, with 8% interest from the date of the claim petition. ...
Motor Vehicles Act, 1988—Section 166—Tribunal awarded them Rs. 12,64,660, which was confirmed by the High Court—Supreme Court, however, found errors in the calculation of loss from the deceased's insurance business income and the consideration of future prospects—Instead of remanding the case, the Court increased the compensation to a lump sum of Rs. 25,00,000 with interest, and directed its disbursement according to the Tribunal's judgment—Appeal was allowed accordingly. ...
Constitution of India, 1950—Article 133—Motor Vehicles Act, 1988—Section 166—Motor Vehicles—Accident—Compensation—Case involving a motor accident, the appellant's husband suffered fatal injuries, leading to a compensation claim by the wife, minor child, and parents—The Tribunal initially awarded Rs. 13,97,000, considering various factors—The High Court reduced the amount without providing reasons. The Supreme Court found the Tribunal's determination just and reasonable, setting aside the High Court's order and restoring the Tribunal's decision—The insurer was directed to deposit the balance amount for disbursement to the claimants. No costs were awarded. ...
Motor Vehicles Act, 1988 (MV) - Section 166 ...
Motor Vehicles Act, 1988 (MV) - Section 147 ...
Motor Vehicles Act, 1988 (MV) - Section 168 ...
Motor Vehicles Act, 1988 - Sections 168 and 173—Accident - Injury—Case involving a child victim of an accident, it was deemed unfair to follow the structured formula from the Second Schedule to the Motor Vehicles Act. Children should not be equated with non-earning individuals, and the compensation awarded should aim to provide for their needs and improve their quality of life, offsetting the inconveniences and discomfort arising from the disability. As a result, the compensation amount was increased to Rs. 3,75,000. ...
Motor Vehicles Act, 1988—Sections 168 and 173—Accident—Compensation—Sarla Verma case should have been applied. The monthly salary of the deceased, Rs. 12,000, should have been increased by 30% as future prospects of income. The judgment, award, and orders were set aside, and the award passed by the Tribunal was restored.In a separate case, the loss of earning capacity is not a substitute for the percentage of physical disablement, and it is just one of the factors considered for compensation. A film actress's physical appearance, especially facial features, is crucial for her work in films and TV serials. The functional disablement can be considered 100% if she loses the capacity to pursue her work due to an accident.In a motor vehicle accident case, a reduction in pecuniary damages based solely on the absence ...
Motor Vehicles Act, 1988—Section 2(28)—Motor vehicle—Ambit —Constitution of India—Article 32—Application of law—Rajasthan High Court that imposed complete liability on the Rajasthan State Road Transport Corporation (RSRTC) for a vehicular accident involving a vehicle known as 'Jugaad,' while absolving the driver and owner of liability—The case primarily revolved around determining whether 'Jugaad' qualified as a vehicle under the Motor Vehicles Act, 1988, and if it needed registration, insurance, and a valid driver's license.The court examined various arguments and observed that 'Jugaad' did indeed fall under the definition of a motor vehicle under the Act—The Central Government had issued a circular confirming this and mandating registration, insurance...
Motor Vehicles Act, 1988—Sections 163 and 173—Accident—Compensation—Disbursement—Tribunal is granted discretion to not insist on investing the compensation amount in long-term fixed deposits, especially for literate individuals—In many cases, Tribunals have automatically ordered such investments without considering the claimant's age, financial background, or social strata—A change in the approach and attitude of the Tribunals is required in the interest of justice—The appeal is allowed. ...
Motor Vehicles Act, 1988—Section 166—In this legal case, the original appellant, Ram Kiran Goyal, filed a compensation claim for injuries sustained in a motor accident but passed away during the appeal process. His legal representatives pursued the claim. The accident occurred in 1987, and the Motor Accident Claims Tribunal initially awarded Rs. 50,000/- as compensation. The Punjab and Haryana High Court, in subsequent appeals, increased the total compensation to Rs. 1 lakh. However, the Supreme Court found that the claimant was not adequately compensated for medical expenses and future medical costs. An additional sum of Rs. 1,10,000/- was granted with 7% simple interest from the date of the application. The appeal was allowed to this limited extent, and the additional compensation was to be paid within three months. ...
Motor Vehicles Act, 1988—Section 166, Section 173—Compensation awarded to the Appellant by the Motor Accident Claims Tribunal in a road accident case. The Appellant, a victim of a collision with a bus, suffered severe injuries. The Tribunal awarded Rs. 45,000/-, enhanced by the High Court to Rs. 76,000/-. However, considering the appellant's age, earning capacity, and disability, the Supreme Court found the compensation unjust and enhanced it. The Court awarded Rs. 5,000/- for loss of earnings during hospitalization, Rs. 3,32,640/- for future loss of earning, Rs. 1,50,000/- for future treatment expenses, Rs. 1,50,000/- for pain and suffering, and Rs. 2,00,000/- for loss of amenities. The total compensation awarded is Rs. 8,37,640/- with 8% interest from the petition's filing date. The respondent is directed to pay the ...
Motor Vehicles Act, 1988—Section 158(6), Section 163A, Section 166—Appellants, aggrieved by a judgment of the High Court in a motor vehicle accident compensation case, challenge the finding of contributory negligence attributed to the deceased driver—The deceased, an Assistant Engineer, died in a collision involving his car and a parked truck—The Tribunal and the High Court reduced the compensation by 1/3rd, each for contributory negligence—The Supreme Court holds that the deceased's income calculation should include all allowances and future prospects—Future promotion to Executive Engineer and supporting evidence should be considered—The Court rejects the contributory negligence finding, emphasizing the truck's negligent parking—The compensation is recalculated, and the appeal succe...
Penal Code, 1860 (IPC)—Section 279, Section 304A—Constitution of India, 1950—Article 142—Insurance Act, 1938—Section 64VB—Motor Vehicles Act, 1988—Section 146, Section 147, Section 147(1), Section 147(5), Section 166—In a motor vehicle accident case resulting in the death of Baljit Singh, the appellants sought compensation from the Motor Accident Claim Tribunal, claiming negligence by the bus driver, Ramesh Singh Rawat—The Tribunal awarded compensation, but the High Court set it aside, stating that the insurance cover was not in effect during the accident due to the issuance date.On appeal, the Supreme Court noted that the insurance policy was shown to be issued from the date of the accident, and the insured had paid the premium on that date—While the High Court focused on legal ...
Motor Vehicles Act, 1988—Section 163A, Section 166, Section 168—Road accident case where the High Court reversed findings on negligence, attributing equal blame to both drivers—The focus is on the question of compensation enhancement—The Tribunal initially assessed compensation based on the deceased's age, monthly income, and the multiplier—The High Court maintained the facts but altered the multiplier to 17—The appellant challenges this, citing conflicting decisions on multiplier application—The court, noting special circumstances, upholds the High Court's decision, emphasizing the need for just and fair compensation—The appeal is dismissed without costs. ...
Motor Vehicles Act, 1988 (MV)—Section 140—Bus driver, appealed a finding of negligence against him in a motor vehicle accident—The passengers and the driver separately claimed compensation—The Tribunal found the bus driver negligent, but the driver challenged this decision—The High Court held the driver was an aggrieved party, affirming the negligence finding—The Supreme Court dismissed the appeal, stating the driver's involvement was essential for a fair determination—The judgment emphasized the principles of natural justice and the need for the driver to be at least a witness in such cases. ...
Motor Vehicles Act, 1988—Section 147, Section 147(1), Section 147(2), Section 166—Appeal was allowed in a case where the deceased vehicle owner, who failed to pay additional premium for the entire risk, caused an accident while saving a goat. The owner's negligence led to his death, and the court ruled that a petition under Section 166 of the Motor Vehicles Act was not maintainable since the premium for death or bodily injury risk was unpaid. The court held that if the insured is not liable under the Act, the insurer is not obligated to indemnify. Section 147(b) provisions were invoked, emphasizing the deceased's negligence in the accident. ...
Motor Vehicles Act, 1988—Section 149, Section 149(1), Section 149(2), Section 149(7), Section 166, Section 66, Section 66(1), Section 66(3), Section 96,—Defence—Accident—Absence of a permit for the vehicle did not absolve the insured from liability, as plying without a permit constitutes an infraction—While the insurer was not obligated to file a suit for recovery, it could initiate proceedings before the Executing Court—The insurer was granted the option to satisfy the compensation award, with liberty to recover the amount from the insured—The insured must furnish security, and the Executing Court can attach the offending vehicle—The insurer can decide on recovery steps based on discretion. ...
Motor Vehicles Act, 1939—Section 110, Section 110(1 ) - —Involves an appeal against a High Court order upholding the jurisdiction of the Motor Vehicle Claims Tribunal to entertain a compensation claim against the Railway Administration—The collision occurred between a taxi and a passenger train, resulting in deaths and injuries—The Railway Administration argued that the Tribunal lacked jurisdiction over claims against them—The Tribunal ruled in favor of jurisdiction, and the High Court upheld it—The appellant contended that as a passenger train isn't a motor vehicle, the Tribunal lacked jurisdiction—However, the Supreme Court, disagreeing with the appellant's interpretation, held that the Tribunal's jurisdiction is not ousted based on subsequent findings at...
Motor Vehicles Act, 1939—Sections 94 and 95(1)(b)—Motor vehicle accident claim, the court clarifies the scope of liability under a third-party insurance policy—Following a fatal car accident involving a passenger, the claimants sought compensation from the insurance company—The court ruled that third-party risk policies, as per statutory provisions, do not extend coverage to gratuitous passengers—Emphasizing that such policies are not designed to cover non-paying passengers, the court held that the insurance company cannot be held liable for the passenger's death—The decision underscores the limited scope of third-party policies, which are primarily intended for statutory compliance and do not encompass liability for injuries or fatalities of gratuitous passengers—The court's ruling reaffi...
Motor Vehicles Act, 1988—Sections 147 and 149—Appeal involves a situation where a tractor, driven by a person with a valid license, collided with the deceased—An insurance policy covered the tractor—The High Court absolved the insurance company of liability, arguing that the trailer attached to the tractor disqualified the driver—The Supreme Court disagreed, stating that attaching a trailer to a vehicle doesn't alter its category—A valid license for a tractor remains effective even with a trailer—The Court rejected the notion that adding a trailer would transform a vehicle into a transport vehicle, causing the driver to lose their license—The judgment clarified that having a valid license for a specific category enables the driver to operate that vehicle, regardless of attached trailers&...
Motor Vehicles Act, 1939—Section 95, Section 95(1)—Accident claim case arising under the old Motor Vehicles Act, the liability for compensation for death or bodily injury to the owner of goods or their representatives traveling in a goods vehicle falls on the owner of the goods vehicle, not the insurance company—Under the old Act, specifically Section 147(1)(b) of the Motor Vehicles Act, 1988, as it stood before the 1994 amendment, the insurance company was not liable to pay compensation for such passengers—However, after the amendment in 1994, under the new Act, the Insurance Company is now liable to pay compensation for death or bodily injury to the owner of goods or their representatives traveling in a goods vehicle. ...
Motor Vehicles Act, 1988—Section 168 -Road Accident Compensation—Visual Disability—Tribunal's Finding Upheld—The claimant sustained a right eye injury resulting in visual disability due to a road accident—The respondent, involved in the alleged accident, denied the bus's participation—The Tribunal found the respondent failed to produce log sheets and control charts to establish the bus's non-involvement—The Tribunal's conclusion that the bus was involved in the accident was justified.High Court Reversal Set Aside—The High Court's judgment, reversing the Tribunal's order, was set aside—The withholding of documentary evidence by the respondent, coupled with the Tribunal's reasoning, warranted no interference with the Tribunal's finding—The decision e...
Civil Procedure Code, 1908 (CPC)—Section 151, Section 152, Section 153—Insurance Company Alleges Fraud in Accident Claim—Tribunal Rejects Review, Claimants Silent on Fraud Allegation—Appellate Court Holds Fraudulent Misrepresentation Can Warrant Order Recall—Section 151 of CPC Empowers Tribunal to Recall Orders Obtained through Fraud—Insurance Company Justified in Seeking Tribunal's Recall of Award Based on Newly Discovered Fraudulent Claim—No Statutory Appeal Filed Due to Limitation, Leaving Order Recall as the Sole Remedy—Motor Vehicles Act, 1988—Sections 168 and 173—Tribunal Retains Power to Recall Award When Fraud is Alleged Post-Award—Appellate Court Upholds Insurance Company's Right to Pursue Order Recall for Newly Unearthed Fraudulent Elements in an Accident ...
Motor Vehicles Act, 1939 - Section 5, Section 89—Conviction under Section 304 A IPC (death by negligence), the prosecution must prove that the accused's rash or negligent driving was the direct cause of death— A mere learner's license or lack of proof of rash driving does not suffice; there must be a clear nexus between the accused's actions and the death—Similarly, for a conviction under Section 201 IPC (screening of an offence), it must first be established that an offence was committed, not just suspected— The accused's actions to hide evidence must be linked to a proven offence— Without proving the substantive offence, a conviction for screening cannot stand—In this case, the lack of evidence linking the accused's driving to the death and the absence of proof of an actual offence...
Motor Vehicles Act, 1939 - Section 6, Section 96(1)—Vicarious liability holds that an employer is liable for torts committed by an employee acting within the course of their employment— However, this liability does not extend to acts performed outside the scope of employment or for personal purposes— In this case, the driver of a vehicle entrusted it to a cleaner who, not being authorized to drive the vehicle, used it for personal errands, resulting in an accident— The cleaner was neither an authorized agent nor acting within the course of employment at the time— Consequently, the owner of the vehicle could not be held liable for the accident caused by the unauthorized use of the vehicle— The mere act of lending the vehicle does not bind the employer to vicarious liability unless the act was within the ...