Pages

▼
Showing posts with label motor accident claim petition. Show all posts
Showing posts with label motor accident claim petition. Show all posts
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 IN THE SUP...

Important judgments on motor accident claim petition{MACT}{Part 2}

›
  1) Supreme court explains different theories for ascertaining the value of a homemaker's unpaid labour for grant of compensation under...
Wednesday, 22 May 2024

Supreme Court has deprecated the practice of applying split multiplier for calculation of compensation under motor accident claim petition

›
 In the light of the above discussion, this Court finds that the Tribunal went wrong in applying the split multiplier method. This Court not...

Death of a dog in vehicular accident – whether claim petition for the death of a dog is maintainable?­

›
From a perusal of the aforesaid two provisions, it is established that the word person has been used and a claim petition can be filed on ac...

What is duty of Advocate in proceeding before motor accident claim tribunal?

›
 If the relevant chapter XII of the Motor Vehicles Act, 1988 is perused, the object seems to be to rehabilitate the victims of the motor acc...
Tuesday, 21 May 2024

How the new amendment Act 2019 will change motor accident claim litigation in India?

›
1)  The Motor Vehicles (Amendment) Act, 2019 was published in the Gazette of India on 09.08.2019. Reference to section 1 of the Amendment Ac...
Saturday, 27 April 2024

Whether Legal representative of claimant should produce Succession certificate for getting compensation under motor accident claim petition?

›
We cannot approve the said view of the High Court, for, Succession Certificate as envisaged in the Indian Succession Act can be granted only...
Thursday, 25 April 2024

Leading Supreme Court judgment on contributory negligence and composite negligence in motor accident

›
The Tribunal assumed that the extent of negligence of the appellant and the first respondent is fifty:fifty because it was a case of composi...

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

›
This Court in Magma General Insurance Co. Ltd. v. Nanu Ram and Ors. MANU/SC/1012/2018 : (2018) 18 SCC 130 has held that a sum of Rs. 40,000/...

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

›
The issue to be examined herein is whether in the claims cases before the Motor Vehicles Accident Claims Tribunal, the driver of a vehicle w...

Supreme Court: Claimant must adduce evidence to prove quantum of depletion of income on account of payment for engaging managers

›
Further, the Court in New India Assurance opined that though a court may be required to account for the depletion in the net income accruing...

Supreme Court: Depreciation can not be treated as tangible income for calculation of annual income in a claim before the MACT.

›
It was then contended by Mr. Jayanth Muth Raj that this Court must add to the annual income of the deceased, depreciation costs on capital a...

Supreme court judgment laying down notional income in case of child death in motor accident as Rs 30,000/- or Rs 25000/-

›
 In view of the foregoing decisions, it is apparent that in the cases of child death, the notional income of Rs. 15,000/- as specified in th...

Under which circumstances, monthly income of deceased should not be determined on the basis of Notification of Minimum Wages Act?

›
Though, there is no evidence on record regarding the income of deceased Pyara Singh, however, from the testimony of P.W.4 - Amar Kumar, Assi...

Whether insurance company can refuse to pay compensation if owner of vehicle has not checked authenticity of driving license of driver of vehicle?

›
 This Court in National Insurance Co. Ltd. [National Insurance Co. Ltd. v. Swaran Singh MANU/SC/0021/2004 : (2004) 3 SCC 297 : 2004 SCC (Cri...

Supreme court: In cases of permanent disablement caused by a motor accident, the claimant is entitled to future prospects

›
FUTURE PROSPECTS 17. The High Court has not applied the quantum for future prospect in the compensation granted. In its reasoning, the High ...

Supreme court guidelines for determination of compensation for loss of marriage prospects due to motor accident

›
  (9) Marriage Prospects 99. The Tribunal held that the Appellant was young, and due to the physical disability, his marriage prospects are ...

Supreme court guidelines for determination of compensation for loss of amenities to injured due to motor accident

›
 The law with respect to the grant of compensation in injury cases is well-settled. The injured is entitled to pecuniary as well as non-pecu...
Wednesday, 24 April 2024

What is duty of Motor accident claim tribunal while deciding claim petition under Motor vehicles Act?

›
  16. In the case of Shila Datta (Supra), this Court held as under: 10. A claim petition for compensation in regard to a motor accident (fil...

Madras high court Guidelines for procedure to be followed in motor accident claim cases before and after passing of award

›
26. Considering all the above factors, with the intention to safeguard the interest of the victims/claimants and to ensure that the victims/...