Tuesday 2 July 2024

Important judgments on motor accident claim petition{MACT}{Part 3}


1) Supreme Court: A sum of Rs. 40,000/- is to be paid to each of the parents towards loss of consortium on the death of a child


Civil Appeal No. 6291 of 2019 

Decided On: 14.08.2019

Joginder Singh and Ors. Vs. ICICI Lombard General Insurance Company

Hon'ble Judges/Coram:

Indu Malhotra and Sanjiv Khanna, JJ.

Author: Indu Malhotra, J.

Citation: 2019 (4) TAC 3, MANU/SC/1096/2019.


2) Under which circumstances driver of the vehicle is not necessary party to motor accident claim petition?

Hence, employer and employee, the former being vicariously liable while the latter being primarily liable are joint tortfeasors and are therefore jointly and severally liable. However, by virtue of the fact that the cause of action is the same and that the same evidence would support an action against either, it follows that this evidence must necessarily include an examination of the driver who is primarily liable. To make a finding on negligence without involving the driver as at least a witness would vitiate the proceedings not only on the basis of the fact that the driver has not been given an opportunity to make a representation, but also because the evidence to make a finding regarding negligence would necessarily be inadequate.

24. On this basis, a driver should be made a 'party' to the proceedings. 


Civil Appeal No. 3041 of 2008 

Decided On: 29.04.2008

Machindranath Kernath Kasar Vs. D.S. Mylarappa and Ors.

Hon'ble Judges/Coram:

S.B. Sinha and V.S. Sirpurkar, JJ.

Author: S.B. Sinha, J.

Citation:  2008 INSC 556,MANU/SC/2484/2008,AIR 2008 SC 2545.


3) Supreme Court: Motor accident claim tribunal must consider income tax return while determining annual income of deceased in case motor accident

In the Supreme Court of India

(Before Krishna Murari and Bela M. Trivedi, JJ.)

Anjali and Others  Vs Lokendra Rathod and Others … 

Civil Appeal No. 009014 of 2022 

Decided on December 6, 2022.

Citation: 2022 SCC OnLine SC 1683.


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