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Showing posts with label No fault liability. Show all posts
Showing posts with label No fault liability. Show all posts
Friday, 25 September 2026

Injury, Not Blame: Proving “Grievous Hurt” in a No-Fault Claim under Section 164 of the Motor Vehicles Act

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  The governing idea Section 164 of the Motor Vehicles Act, 1988 creates a fixed-compensation, no-fault remedy. In an injury claim, the ce...
Sunday, 20 September 2026

Bombay HC: In a proceeding U/S 163-A or S 164 of the Motor vehicle Act, it is not open for the insurer to raise any defence of negligence on the part of the victim

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 For the aforesaid reasons, we answer the question arising by holding that in a proceeding under Section 163-A of the Act, it is not open fo...
Saturday, 5 September 2026

Andhra Pradesh HC: Legal Heirs Can Claim Compensation under S.163A MV Act even If Deceased Driver Was Negligent

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It is evident that the accident resulted in the death of the deceased and, therefore, the claim petition under Section 163-A of the Motor Ve...
Thursday, 22 January 2026

Sikkim HC: The Motor accident claim tribunal can not grant Future prospects or any other additional non-pecuniary heads in petition U/S 163A of Motor vehicle Act

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 In light of all the foregoing discussions, we hold that under Section 163A Future prospects or any other additional non-pecuniary heads fin...
Thursday, 23 May 2024

Kerala HC: Legal representatives of deceased are not entitled to claim compensation u/s163­A of the Motor vehicles Act.

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   Under Section 163A, the persons who are entitled to apply for compensation are the legal heirs, in the case of death of a person and in t...

A claim petition u/s 166 of MV Act can be preferred by legal representative of deceased whereas, a claim petition u/s 164 can be preferred by legal heirs of deceased only

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As per Section 166(1)(c) of the Act legal representative of the  deceased can prefer a claim petition u/s 166 of the M V Act.  Whereas, Sect...

Whether petition on the ground of fault liability is barred by res judicata if earlier petition on the ground of no fault liability is dismissed?

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The learned Presiding Officer has recorded his affirmative findings to the issue Nos. 1 and 2 and negative findings to the issue No. 3. The ...