Motor Vehicles Act, 1988—Section 173—Compensation—Enhancement—Death due to Accident—The High Court allowed an appeal filed by the claimants seeking enhancement of compensation awarded by the Tribunal—The deceased, aged 27 years, suffered grievous injuries in a road accident and succumbed after three years of treatment—The Tribunal awarded compensation of ₹7,49,000, assessed on the basis of minimum wages in Rajasthan, despite the accident occurring in Delhi—The High Court recalculated the income based on the deceased’s matriculation qualification, raising it to ₹4,081/month—Compensation under non-pecuniary heads, including pain and suffering and loss of consortium, was also enhanced, considering the deceased's prolonged suffering and 100% disability—The Court dismiss...

Motor Vehicles Act, 1988—Section 166—Compensation for Accidental Death—Liability of Insurer with Learner’s License—The claimants sought compensation for the death of Dhula Chand Sk. caused by an accident involving a tractor driven by a person with a learner’s license—They argued that the driver was negligent and the vehicle was insured—The insurance company contested, claiming the accident did not occur as described and that the driver lacked a valid license—The tribunal initially awarded compensation, but the High Court revised it to Rs. 8,90,400—The Court found that the driver’s learner’s license, lacking proper supervision, breached insurance policy terms—Despite this violation, the insurer was directed to pay the compensation and recover the amount from the ...

Motor Vehicle Act, 1988—Section 147—Accidental Death—Shri Ram General Insurance Co. Ltd. challenged the judgment and award dated 08.04.2019 by the Additional District Judge-V-cum MACT, Munger, which directed the Insurance Company to pay ₹11,93,000 with interest to the claimants—The dispute centered on whether the Insurance Company was liable to compensate for a motor accident involving a tractor, given claims that the deceased was not a validly employed cleaner but rather a gratuitous passenger—The Insurance Company contended that the tractor was used for commercial purposes and that the deceased was not covered under the policy for such usage—The Tribunal had granted the Insurance Company the liberty to recover compensation from the vehicle owner due to non-compliance with legal requirements—Th...

Motor Vehicles Act, 1988—Section 173—Determination of negligence, entitlement to compensation, and the apportionment of liability—Accidental Death—Court modifies compensation, applies correct multiplier and interest rate, dismisses cross-objections—Both drivers found negligent, liability apportionment upheld using 'Pay and Recover' principle—Court relies on precedents for compensation calculation, multiplier based on deceased's age—Insurance company's appeal partially allowed, compensation modified. ...

Motor Vehicle Act, 1988—Section 163A—Re-determination of Compensation—Death in Motor Accident—Misapplication of Law—Tribunal Directed to Reconsider Claim Strictly Under Section 163A—In a claim filed under Section 163A of the Motor Vehicles Act, 1988, the Motor Accident Claims Tribunal (MACT) erroneously determined compensation as if it were under Section 166, without framing a specific issue on the applicability and interplay of Section 163A and Section 166—Despite the appellant raising a specific objection regarding the misapplication of law, the Tribunal failed to consider the implications of treating a no-fault liability claim under Section 163A as a fault-based claim under Section 166—The Tribunal applied income and dependency deductions inconsistent with Section 163A’s structured ...

Code of Criminal Procedure, 1973 Section 482—Penal Code, 1860 (IPC)—Sections 279 and 337—Death in Accident—Reduction in Sentence—Rash driving or riding on a public way—Seeks relief against orders of the Central Information Commission (CIC) imposing penalties on the Respondent Bank's Chief Public Information Officers (CPIOs) for delayed information disclosure under the Right to Information (RTI) Act. The petitioner contends that the CIC should have imposed the maximum penalty of Rs.25,000/- as per Section 20 of the RTI Act for each day of delay exceeding 100 days. However, the court rejects this contention, emphasizing that while Section 20 mandates a penalty, the quantum is discretionary. Citing precedent, the court holds that the discretion allows for varying penalties based on the circumstances. T...

Employees Compensation Act, 1923—Deceased died in road accident—Claim was on basis of fact that death of deceased had occurred during course of his employment—Application filed—Rejected by Commissioner—On ground of delay as well as on merits—High Court upheld the order touching issue of delay and not dealing anything on merits—Validity of—Delay of 9 years in filing application under 1923 Act is certainly fatal—For consideration of claim by appellants for award of compensation—No sufficient cause is established for condonation of delay in filing application—No infirmity in impugned order—Appeal dismissed. Employees Compensation Act, 1923—Relationship of employer and employee has not been proved before Commissioner—In Supreme Court opinion, same being bas...

Motor Vehicles Act, 1988—Sections 140, 166 read with Section 171—Enhancement of Compensation - Death of a Child in an Accident—In cases involving the tragic loss of life due to accidents, it's essential to understand that the Motor Vehicles Act, 1988 does not impose any restrictions on the tribunal or court when it comes to awarding compensation. The central consideration should be the determination of "just" compensation, a sum that is fair and reasonable based on the facts and the evidence presented during the proceedings—Therefore, if a claim petition specifies a particular amount as compensation, it should not be interpreted as an upper limit, and the tribunal or court is well within its authority to award a higher amount if it deems it just and reasonable given the circumstances—In a specif...

Motor Vehicles Act, 1988—Section 166—Death in accident—Enhancement of compensation—In this particular case, the deceased was a young individual, aged twenty-three at the time of the accident. He possessed a strong educational background, being a qualified engineering graduate and pursuing an MBA degree at SRM University to further enhance his professional skills—The affidavit presented pertinent information regarding the employment prospects of the deceased's classmates, underscoring the potential career growth and opportunities he would have enjoyed had the tragic accident not occurred. It is evident that, but for the accident, he would likely have earned a salary equivalent to or at least near that of his classmates—Furthermore, the deceased was the sole child of the appellants. The loss of a chil...

Motor Vehicles Act of 1988—Section 166—Enhancement of compensation in cases of death resulting from an accident is determined as follows: if 25% of Rs. 3,000 per month is allocated for future prospects and income growth, and subsequent loss of dependency is calculated, this can be regarded as a fair and just compensation—The High Court's judgment and orders in question have been adjusted to increase the compensation amount to Rs. 4,25,000 under various categories, as opposed to the Rs. 3,92,000 originally awarded by the High Court. This enhanced amount is also subject to an interest rate of 9% per annum, commencing from the date the claim petition was filed until the complete realization of the awarded sum—Consequently, the claimants are entitled to a total sum of Rs. 4,25,000 under different categories, along ...

Consumer Protection Act, 1986—Sections 21(b) and 23—Insurance Act, 1938—Section 45—Repudiation of claim--Non-payment of—Complaint allowed by National Commission by restoring order passed by District Forum—Terms of insurance policy have to be strictly construed, and it is not permissible to rewrite contract while interpreting terms of Policy—In a contract of insurance there is a requirement of Uberrima Fides i.e. good faith on part of assured—At the time of making payment of premium, it was not disclosed by complainant or her husband to appellant-Corporation about accident which had taken place—Said conduct on part of complainant and her husband in not disclosing about accident to corporation not only amounted to suppression of material fact and lacked bona fides but smacked of their ma...

Motor Vehicles Act, 1988—Section 166—Compensation—Accidental Death—Contributory Negligence—Enhancement of Compensation—In a case concerning compensation for the accidental death of a cleaner, cross-appeals were filed by the claimants and the Insurance Company against the Tribunal’s award—The claimants disputed the adequacy of compensation and the attribution of contributory negligence to the deceased, while the Insurance Company argued for complete liability on the deceased—The appellate court found the Tribunal’s assessment of 25% contributory negligence erroneous and, based on evidence, increased it to 40%—Applying Pranay Sethi principles, 40% of the deceased’s income was added for future prospects, considering he was 19 years old—With the deceased’s mon...

Motor Vehicles Act, 1988 — Section 168 — Accidental Death — Contributory negligence — Loss of consortium and loss of love and affection — Loss of love and affection is comprehended in loss of consortium — Claimant No. 1 i.e. widow of the deceased has suffered permanent disability of 25% in this accident. She has single-handedly raised her three minor children, and eked out her livelihood through agricultural activity. ...

Motor Vehicles Act, 1988—Section 166—Compensation for Accidental Death—Income Assessment and Future Prospects—Case Law Applied (Pranay Sethi and Hem Raj)—In an appeal concerning the award of compensation to the dependents of deceased victims in a road accident, where the accident occurred due to the rash and negligent driving of a lorry, the Karnataka High Court revisited the compensation calculation principles—The tribunal initially granted compensation based on a notional monthly income of Rs.5,000 in the absence of documentary proof of income, with a 30% addition for future prospects—On appeal, the High Court raised the monthly notional income to Rs.6,500, consistent with the norms for claims from 2012 and adjusted future prospects to 40%, in line with the principles established in National Ins...

Motor Vehicles Act, 1988—Sections 166, 168 and 173—Compensation—Just compensation—Accidental death—Compensation under the Motor Vehicles Act, the High Court's awarded compensation was considered just and reasonable—The Court found no compelling reason to enhance or reduce the compensation further, including the head of future prospects, as claimed by the appellants, or to make additional deductions, as requested by the Insurance Company—The Court held that if the overall award of compensation is just and fair, it should be upheld, and thus dismissed the appeals. ...

Motor Vehicles Act, 1988—Section 147, Section 166, Section 2, Section 2(1), Section 2(35), Section 3, Section 95, Section 95(2)—Insurance Act, 1938—Section 64UC, Section 64UC(4), Section 64UC(5), Section 64VB, Section 64VB(1)—Motor Vehicles Act, 1939—Section 2(25), Section 95(1)—Liability of an insurance company for the death of a person in a private car accident—The deceased's heirs filed a compensation claim before the Motor Accident Claims Tribunal, which awarded a sum—The key issue before the High Court was whether the insurance policy covered the risk of a passenger traveling in the car—The High Court held in favor of the insurance company, stating that the policy did not cover the passenger—The appellants argued that the comprehensive policy covered passengers, and the ...

Evidence Act, 1872—Section 32—Criminal Procedure Code, 1973 (CrPC)—Section 162—Case relied on three dying declarations, with the first two suggesting accidental fire, while the third, recorded after 24 hours, accused the appellants of pouring kerosene and setting the victim on fire—The court found the third dying declaration unreliable, considering its detailed narration inconsistent with a dying person's statement—Consequently, the prosecution failed to prove its case beyond reasonable doubt—The appellants' convictions and sentences were set aside, leading to their acquittal—Appellant No. 1's release from custody was directed, and bail bonds for Appellant No. 2 were discharged. ...