Motor Vehicles Act 1988

13th Sep, 2018

If the vehicle owner was aware that the driving license of the driver was not genuine, the insurer will be absolved from liability

  In a recent judgment, the Supreme Court, held that the adjudicating tribunal has to analyze evidence and pleading to ascertain whether the vehicle owner was aware that the driving license of the driver was […]
25th Aug, 2018

Defence of negligence can’t be raised in proceedings u/s 163A of Motor Vehicles Act.

The Supreme Court has upheld compensation awarded to the parents of deceased driver of the vehicle, reiterating that an insurer cannot be permitted to raise a defence of the negligence of the driver (victim) in […]
11th Jul, 2018

Salary Certificate not the only basis for Assessing Income of the Deceased for Calculating Compensation in cases of Motor Accident Claims.

The Apex Court in a recent judgment held that there is nothing in the law which requires the Tribunal to assess the income of the deceased only on the basis of a salary certificate for […]
6th Jul, 2018

Order copy obtained through Right to Information Act, 2005 is as good as a certified under certain circumstances.

The High Court of Bombay in a recent judgement held that when a copy of order is not supplied to a party by the adjudicating authority and if the same is obtained by the said […]
12th Feb, 2018

In the cases where the insured was self-employed, the award of future prospects cannot be denied.

The Hon’ble Supreme Court in the matter Reliance General Insurance Company Ltd. Vs. Shalu Sharma and Ors (SLP (C) No. 23086 of 2016) decided on February 02, 2018, dismissed the petition where the insurer challenged […]
13th Feb, 2017

What is “Permanent disability” in Motor Accident cases #indianlaws

Supreme Court in the matter of Sandeep Khanuja Vs. Atul Dande; Civil Appeal no. 1329/2017 decided on 2nd Feb, 2017 held that the crucial factor which has to be taken into consideration, in a motor […]
11th Jan, 2016

Claim petition is maintainable at a place where insurance company is carrying on its business #indianlaws

The provision for territorial jurisdiction has to be interpreted consistent with the object of facilitating remedies for the victims of accidents. Hyper technical approach in such matters can hardly be appreciated. There is no bar […]
31st Oct, 2015

In The Case Of Composite Negligence Claimant Entitled To Sue Both Or Any One Of The Joint Tort Feasors #indianlaws

In case of accident caused by negligence of joint tort feasors, all the persons who aid or counsel or direct or join in committal of a wrongful act, are liable. In such case, the liability […]
31st Oct, 2015

Liability Of Insurer Continues Notwithstanding The Contract Of Transfer Of Vehicle #indianlaws

Liability of insurer continues notwithstanding the contract of transfer of vehicle, such contractual liability cannot be said to be excluded by virtue of second proviso to Section 147(1) of the Motor Vehicles Act of 1988. […]
2nd Jun, 2015

Writ of certiorari against MACT is maintainable #indianlaws

The High Court has power of an appeal against the award of the tribunal, under section 173 of the Motor Vehicles Act filed by a person aggrieved but that would not mean that against an […]
21st May, 2015

Principles to calculate compensation in case of accident by multiple vehicles #indianlaws

Claimant is entitled to claim compensation from one or both joint tort feasors when an accident is caused by composite negligence of drivers
11th Feb, 2015

Financier is liable to pay road tax of vehicle repossessed.

In the event of vehicle repossessed by the financer on account of non-payment of EMI’s, it would be financier’s liability to pay the tax liability towards road tax and penalty, as applicable.