Motor Vehicles Act
Motor Vehicles Act S. 166 – When a Tribunal, established under the Motor Vehicles Act, adjudicates a petition filed under S. 166 and determines that the petition is not maintainable under the said section, it lacks the authority to transform its role into that of a Commissioner under the Employee’s Compensation Act and pass an award. [ID# 480687]
MVA S. 166 – When the MACT had come to the conclusion that the claim petition filed before it under...
Read moreMotor Vehicles Act, 1988 (59 of 1988) – Income of the deceased on the basis of the D.C. rates as circulated by the Deputy Commissioner- Upheld. [ID 400605]
Motor Vehicles Act, 1988 (59 of 1988) - Income of the deceased on the basis of the D.C. rates as...
Read moreMVA S. 166 – Dependency of Brothers and Sisters – Without specific evidence of dependency, adult siblings, who are married and living independently, are not presumed to be dependents of the deceased. [PLRonline 496605]
MVA S. 166 - Dependency of Brothers and Sisters Without specific evidence of dependency, adult siblings, particularly those who are...
Read moreMVA S. 166 – Liability of Insurance Company was restricted to 42 passengers only – 26 passengers died and 54 passengers received injuries – The 42 highest claims shall be first satisfied by the Insurance Company and rest will be the liability of the owner of the vehicle – Insurer will pay and recover. [2023 PLRonline 0127]
Liability of Insurance Company was restricted to 42 passengers only – 26 passengers died and 54 passengers received injuries –...
Read moreMACT – CPC O. 1 R. 10 – Application for impleading the car owner and the Insurance company, of the other vehicle involved in the accident – It is for the MACT to ultimately take a decision in this regard – Contributory negligence – Application allowed. [ PLRonline # 3322204]
2019 PLRonline 3411 RAJASTHAN HIGH COURT (Jaipur Bench) Before:- Justice Sanjeev Prakash Sharma. Cholamandalam Ms General Insurance Co. Ltd. v....
Read moreMACT – CPC O. 1 R. 10 – Composite negligence – Impleadment of party – Application by the insurer for impleading the owner and the Insurance company, of the other vehicle involved in the accident – Allowed. [PLRonline ID 214901]
2007 PLRonline 0103 ANDHRA PRADESH HIGH COURT Before:-Mr. N.V. Ramana, J. United India Insurance Co. Ltd. v. Veduka Ravi C.R.P....
Read more[SC] Motor Vehicles Act, 1988, Sections 166 and 163A – Death of a housewife in Motor accidents – Assessment of compensation. [PLRonline 311301]
- Importance of the housewife's role in the family, as she performed essential tasks such as cooking, laundry, and providing...
Read moreMVA S. 163-A – U/s 163-A compensation is payable to a third party only – Deceased borrower of the vehicle cannot be considered a third party – Allowed Additional Personal Accident Cover as premium was paid. [(2023-3)211 PLR 228]
(2023-3)211 PLR 228 PUNJAB AND HARYANA HIGH COURT Before: Ms. Justice Nidhi Gupta PARDEEP KUMAR - Appellant(s) versus KAPOOR SINGH...
Read moreMotor Vehicles Act S. 166 – Insurance policy – Renewal based on Forged policy – Even if previous policy is assumed to be fake that would not make any difference because the accident has taken place during the duration/currency of a valid insurance issued by appellant Insurance Company. [ID 1315103]
United India Insurance Company Limited v. Roshni Devi, 2018 PLRonline 1304 PUNJAB AND HARYANA HIGH COURT Before: Mr. Anil...
Read moreMVA – Gratuitous passenger in a ‘goods vehicle’ – Once the Insurance Company has deducted premium for third party, it is liable – Even if claimant has not filed appeal , amount can be enhanced. [(210) PLR 375]
The Motor Vehicles Act, 1988, Section 147(1), 149(2)(a)(ii), 168 deals with insurance coverage and compensation related to motor vehicle accidents....
Read moreMVA – Composite negligence – Right to claim from any of the tort feasors – Once court comes to the conclusion that the case is one of the composite negligence, damages cannot be apportioned – Claimant is entitled to recover the entire amount of compensation from all or any of the joint tortfeasors. (2023-2)210 PLRIJ 009
Once the court comes to the conclusion that the case is one of composite negligence, damages cannot be apportioned. The...
Read moreMotor Vehicles Act, S. 173 – Pay and Recover – Insurance Company exonerated – Appeal by claimants for making insurance company liable – This Section empowers that any person can file Appeal so there is no need to consider who is aggrieved person – Appellants being Claimants have right to file Appeal – Though owner of offending truck has not challenged the impugned order, it cannot be said that the Claimants can’t challenge it – Order in appeal changed to Pay and Recover.
HIGH COURT BOMBAY Before : Justice Shivkumar Dige. Shubhash Waman Baviskar v. Adinath Hambirrao Budhwant First Appeal No.410 Of 2016...
Read moreMVA | Delay in lodging an FIR is not fatal if claimant demonstrates satisfactory and convincing reasons – Insurer responsible to prove its contention by summoning the offending vehicle’s rider – Preponderance of probabilities is the touchstone for concluding rashness and negligence. [2023 SCeJ 0206 (AP)]
National Insurance Company Ltd. v. Komaravolu Srinivasa Bharadwaj, 2023 SCeJ 0206 (AP) ANDHRA PRADESH HIGH COURT T. Mallikarjuna Rao J....
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