NATIONAL INSURANCE COMPANY LIMITEDversusPRANAY SETHI AND ORS.
2017 INSC 106831 October 2017Reference answered
The Supreme Court examined the computation of compensation under Sections 163‑A, 166 and 168 of the Motor Vehicles Act, 1988 in death claims, focusing on the appropriate multiplier, the addition of future prospects to the deceased's income, and the quantification of conventional heads such as loss of estate, loss of co…
NATIONAL INSURANCE CO. LTD.versusASHALATA BHOWMIK AND ORS.
2018 INSC 77631 August 2018Appeal(s) allowed
The deceased, Dilip Bhowmik, was the owner‑cum‑driver of his vehicle and died in an accident caused by his own rash and negligent driving, with no other vehicle involved. His legal representatives filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation, and the Motor Accidents Clai…
ANIL KUMARversusBRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD. & ANR.
2018 INSC 77531 August 2018Appeal(s) allowed
The appellant, a 25‑year‑old cleaner, was struck by a lorry and suffered fractures of both pelvic bones, urethral rupture, abdominal injuries and a 25% partial permanent disability, losing his job and incurring substantial medical expenses. He claimed compensation under Section 173 of the Motor Vehicles Act, 1988 and t…
YADAVA KUMARversusTHE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD. & ANOTHER
2010 INSC 55931 August 2010Case Partly allowed
Yadava Kumar, a 30‑year‑old painter, suffered fractures of both forearms in a road accident and was assessed with 33% disability of the right upper limb, 21% of the left and 20% total disability. The Motor Vehicles Tribunal awarded Rs.52,000 as compensation, which the Karnataka High Court enhanced to Rs.72,000 but refu…
LEELA GUPTA & ORS.versusSTATE OF UTTAR PRADESH & ORS.
2010 INSC 56031 August 2010Case Partly allowed
A 39‑year‑old government engineer died in a motor accident, and his wife and three children filed a claim petition under Section 11 OA of the Motor Vehicles Act, 1939. The Motor Accident Claims Tribunal awarded Rs. 2,61,800 as compensation, which the High Court enhanced to Rs. 4,70,000 by applying a multiplier of 16 an…
NATIONAL INSURANCE CO. LTD.versusPARVATHNENI & ANR.
2009 INSC 109331 August 2009Matter referred to larger bench
National Insurance Co. Ltd. filed a Special Leave Petition challenging a High Court order that directed it to pay compensation to claimants, despite the insurer's contention that there was no valid insurance coverage on the date of the accident because the renewal premium cheque was dishonoured. The insurer argued that…
M/S. BALWANT SINGH & SONSversusNATIONAL INSURANCE COMPANY LTD & ANR.
2019 INSC 84431 July 2019Appeal(s) allowed
The appellant purchased a motor vehicle at an auction from a bank that had lifted its hypothecation lien and paid the insurance premium to the insurer, which issued a policy in the name of the original owner but also listed the appellant’s address. The vehicle was stolen shortly after purchase, and the insurer denied t…
RANI & ORS.versusNATIONAL INSURANCE COMPANY LTD. & ORS.
2018 INSC 65231 July 2018Case Partly allowed
The case arose from a motor accident in 2009 where a lorry collided with a motorcycle, killing the rider Satish and injuring his pillion rider Anand. Separate claims were filed under s.166 of the Motor Vehicles Act, 1988 for compensation to Satish's legal representatives and to Anand, and the Motor Accident Claims Trib…
BUDHWANTI @ BUDHO RANIversusNIDHAN SINGH @ KAPOOR & ORS.
2009 INSC 98631 July 2009Disposed off
A motor accident caused the death of Khairati Lal and injuries to his wife Sheela Rani and mother Budhwanti. The Motor Accident Claim Tribunal awarded compensation of Rs.4,11,000 for death, Rs.35,000 for the wife's injuries and Rs.85,000 for the mother's permanent disability. The High Court enhanced the death compensat…
THE DIVISIONAL CONTROLLER, KSRTCversusMAHADEVA SHETTY AND ANR.
2003 INSC 35731 July 2003Appeal(s) allowed
Mahadeva Shetty, a mason, suffered 100% disability after a bus owned by the Karnataka State Road Transport Corporation (KSRTC) plunged into a ravine. He claimed compensation under Section 166 of the Motor Vehicles Act, 1988 and the Tribunal awarded Rs.2.20 lakhs. The Karnataka High Court enhanced the award to Rs.6.25 l…
REP. BY SEC. AND ORSversusK. BALU & ANR.
2017 INSC 30231 March 2017Disposed off
The Supreme Court revisited its earlier directions prohibiting the grant of liquor licences within 500 metres of national and state highways, hearing numerous interlocutory applications for extensions or modifications. It held that the Court’s directions, grounded in public‑health policy and the constitutional right to…
RAGHUVIR SINGH MATOLYA & ORS.versusHARI SINGH MALVIYA & ORS
2009 INSC 44131 March 2009Appeal(s) allowed
The appellant, a relative of the deceased Puspa Matolya, challenged the compensation awarded under Section 166 of the Motor Vehicles Act, 1988, arguing that the Tribunal and the High Court had failed to include the dearness allowance and house rent allowance in the deceased's income for computing compensation. The dece…
NATIONAL INSURANCE COMPANY LTD.versusGEETA BHAT & ORS.
2008 INSC 42631 March 2008Dismissed
On 14 November 2000, Ishwar Dutt Bhat died in a road accident caused by a truck insured by National Insurance Co. Ltd. The driver, Gopal Singh, was later found to be holding a fake driving licence. The claimants, Bhat's legal heirs, filed a claim under Section 166 of the Motor Vehicles Act, 1988, and the Motor Vehicles…
RAM KRISHNAVERMA ETC. ETC.versusSTATE OF U.P. AND ORS. ETC. ETC.
1992 INSC 9631 March 1992Appeal(s) allowed
The Supreme Court examined the status of the Saharanpur‑Shahdara‑Delhi route nationalised under a 1959 draft scheme of the Motor Vehicles Act, 1939, which had been approved on 29 September 1959. After a long delay, a fresh draft scheme was issued in 1986, but the Motor Vehicles Act, 1988 came into force in 1989. The Co…
C. KASTURI AND ORS. ETC .versusSECRETARY, REGIONAL TRANSPORT AUTHORITY AND ANR. ETC.
1996 INSC 15431 January 1996Dismissed
The appellants, private stage‑carriage operators, held temporary permits to ply a town‑service route (Chandragiri‑Renigunta via Tirupati) and relied on a government memorandum stating that town‑service routes could extend up to 8 km beyond municipal limits. The respondents, the Regional Transport Authority, contended t…
DR. S. RAJASEEKARAN (II)versusUNION OF INDIA & ORS.
2017 INSC 115930 November 2017Directions issued
The petition, filed by Dr. S. Rajaseekaran, an orthopaedic surgeon, sought enforcement of road‑safety norms and better treatment of accident victims under Article 32 of the Constitution. The Court had earlier constituted a Committee on Road Safety, which submitted recommendations that the Union and State governments ha…
NEW INDIA ASSURANCE CO. LTD.versusPRABHU LAL
2007 INSC 121030 November 2007Appeal(s) allowed
The complainant, Prabhu Lal, claimed compensation from New India Assurance Co. Ltd. after his Tata 709 vehicle was damaged in a collision with a Roadways bus. The insurer contended that the vehicle was a "transport vehicle" and was being driven by the complainant's brother, Ram Narain, who held only a licence to drive …
THE NEW INDIA ASSURANCE CO. LTD.versusSMT. AFROZ BI AND ORS.
2006 INSC 93030 November 2006Case Partly allowed
On 17 August 1992 a motor vehicle involved in a fatal accident was insured with National Insurance Company Ltd. for the period 5 October 1991 to 4 October 1992. New India Assurance Co. Ltd. issued a policy covering a later period (7 November 1992 to 6 November 1993) and the premium cheque for that period was dishonoure…
ASSOCIATION OF REGISTRATION PLATESversusUNION OF INDIA AND ORS.
2004 INSC 68230 November 2004Dismissed
The Supreme Court examined the scheme for High Security Registration Plates introduced under Rule 50 of the Motor Vehicle Rules, 1989 and the 2001 statutory order issued under Section 109(3) of the Motor Vehicles Act, 1988. Petitioners challenged the tender conditions – requiring foreign experience, a minimum turnover …
DISTT. MANAGER, APSRTC, VIJAYAWADAversusK. SIVAJI AND ORS.
2000 INSC 55830 November 2000Appeal(s) allowed
The Andhra Pradesh State Road Transport Corporation (APSRTC) employed workers who claimed wages for work performed on holidays declared under the Andhra Pradesh Factories and Establishments (National Festival and Other Holidays) Act, 1974. APSRTC contended that Section 11(1)(c) of that Act excluded it because it was an…
IFFCO TOKIO GENERAL INSURANCE CO. LTD.versusGEETA DEVI AND OTHERS
2023 INSC 95430 October 2023Dismissed
A motor accident in 2010 caused the death of a motorcyclist, leading the victim's dependents to claim compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation but held that the insurer, IFFCO Tokio, was not liable because the driver of the insured Tempo vehicle possessed …
SHRI CHATRAPATI SHIVAJI GAUSHALAversusSTATE OF MAHARASHTRA AND OTHERS
2022 INSC 104530 September 2022Appeal(s) allowed
A truck transporting eighteen cattle was intercepted for lacking proper permits, leading to seizure of the animals and registration of FIRs under the Maharashtra Animal Preservation Act and related statutes. The private respondents, claiming ownership, applied under CrPC sections 451 and 457 for interim custody, which …
K. RAMYAversusNATIONAL INSURANCE CO. LTD. & ANR.
2022 INSC 104430 September 2022Disposed off
The deceased businessman K. Kumareshan died in a motor accident, leaving a widow, minor children and parents as dependents who claimed compensation under the Motor Vehicles Act, 1988. The Motor Vehicle Accident Claims Tribunal awarded Rs. 4,29,37,700 based on the deceased's income tax returns and audit reports, but the…
UNITED INDIA INSURANCE CO. LTD.versusSUSHIL KUMAR GODARA
2021 INSC 58030 September 2021Appeal(s) allowed
The appellant, United India Insurance Co., denied the claim of the respondent, Sushil Kumar Godara, for the theft of his Bolero car, arguing that the vehicle was being used without a valid registration, constituting a fundamental breach of the insurance contract. The car had a temporary registration that expired on 19-…
U.P. STATE ROADWAYS TRANSPORT CORPN., LUCKNOW THROUGH ITS GENERAL MANAGERversusANWAR AHMED AND ORS.
1996 INSC 112930 September 1996Appeal(s) allowed
The Uttar Pradesh State Roadways Transport Corporation (appellant) challenged the Allahabad High Court’s order directing the Regional Transport Authority to grant temporary permits to private operators for a new route carved out by merging two notified routes (Bulandshahr‑Delhi and Shahdara‑Saharanpur) and to lift the …
A.P.S.R.T.C. REP. BY ITS CHIEF LAW OFFICERversusM. PENTAIAH CHARY
2007 INSC 88330 August 2007Disposed off
The respondent, a 38‑year‑old carpenter with six dependents, was permanently disabled after being hit by a bus owned by the Andhra Pradesh State Road Transport Corporation on 26 January 1995. He claimed damages under Section 166 of the Motor Vehicles Act; the tribunal awarded Rs 85,000 and the High Court enhanced the a…
DHARMENDRA GOELversusORIENTAL INSURANCE CO. LTD.
2008 INSC 88230 July 2008Case Allowed
The appellant purchased a Tata Sumo and insured it, renewing the policy on 13 February 2002 for Rs 3,54,000. The vehicle was involved in an accident on 10 September 2002 while the policy was in force. The insurer’s surveyor declared the vehicle a total loss and valued it at Rs 1,80,000, whereas the repair estimate was …
UNITED INDIA INSURANCE CO. LTD.versusSATINDER KAUR @ SATWINDER KAUR & ORS.
2020 INSC 44730 June 2020Disposed off
The Supreme Court examined a claim for compensation under the Motor Vehicles Act, 1988 after Satpal Singh, a Qatari resident, died in a road accident in India in 1998, leaving his widow Satinder Kaur and three minor children as dependants. The Court held that the deceased's income should be calculated from his 1984 emp…
SRI B.T. KRISHNAPPAversusTHE DIVISIONAL MANAGER, UNITED INSURANCE COMPANY LTD. AND ANOTHER
2010 INSC 25830 April 2010Case Allowed
The appellant, a 50‑year‑old mason, was injured in a road accident and awarded Rs 1,55,000 compensation by the Motor Accident Claims Tribunal under s.166 of the Motor Vehicles Act, 1988. The High Court enhanced the award by only Rs 34,000, noting that the Tribunal’s compensation for loss of amenities and loss of earnin…
CAPTAIN SUBE SINGH AND ORS.versusLT. GOVERNOR OF DELHI AND ORS.
2004 INSC 32930 April 2004Case Partly allowed
The appellants, private stage‑carriage operators, challenged a Delhi Government notification dated 31‑12‑1999 issued under Section 67 of the Motor Vehicles Act, 1988, which (i) raised the fees for using DTC bus shelters and terminals and (ii) made all DTC concessional passes binding on private operators. The Supreme Co…
SAVELIFE FOUNDATION & ANR.versusUNION OF INDIA & ANR.
2016 INSC 28930 March 2016Appeal(s) allowed
The SaveLife Foundation filed a public‑interest writ petition seeking a legal framework to protect by‑standers who assist victims of road accidents, arguing that fear of police harassment deters timely help. The Supreme Court examined whether it could, under Articles 32, 141 and 142 of the Constitution, issue binding g…
STATE OF PUNJABversusSAURABH BAKSHI
2015 INSC 27630 March 2015
The respondent, Saurabh Bakshi, was convicted under Section 304A of the IPC for causing the deaths of two persons by rash and negligent driving. The trial magistrate sentenced him to one year of rigorous imprisonment and a fine; the High Court reduced the sentence to the 24 days already served, relying on the fact that…
SMT. MANJURI BERAversusTHE ORIENTAL INSURANCE COMPANY LTD. AND ANR.
2007 INSC 35630 March 2007Appeal(s) allowed
The appellant, a married daughter of a deceased motor‑vehicle accident victim, filed a claim petition under Section 140(2) of the Motor Vehicles Act, 1988. The insurer contended that she was not entitled to compensation because she was not financially dependent on her father. The Motor Accident Claims Tribunal dismisse…
URMILA DEVI & ORS.versusBRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD. & ANR.
2020 INSC 10730 January 2020Appeal(s) allowed
The claimants filed a claim under the Motor Vehicles Act after the husband/father suffered a road accident, and the Motor Vehicle Accidental Claim Tribunal ordered the National Insurance Company to pay Rs.2,47,500. The insurer appealed to the Patna High Court, challenging its liability to pay, and the claimants filed a…
SUMIT KUMAR SAHAversusRELIANCE GENERAL INSURANCE COMPANY LTD.
2019 INSC 11430 January 2019Appeal(s) allowed
The appellant purchased a hydraulic excavator in 2007 and insured it for Rs 46,56,600 for the period 22‑07‑2009 to 21‑07‑2010. The excavator was totally destroyed by fire in June 2010. While the insurer’s surveyor calculated depreciation from the original purchase price, the appellant’s surveyor deducted only 10% depre…
U.P. STATE ROAD TRANSPORT CORPORATIONversusSTATE OF U.P. AND ANR.
2004 INSC 67829 November 2004Appeal(s) allowed
The Uttar Pradesh State Road Transport Corporation (UPSRTC) prepared a draft scheme on 13‑Feb‑1986 to nationalise 39 bus routes under Section 68‑C of the Motor Vehicles Act, 1939. After objections were filed, the Motor Vehicles Act, 1988 came into force and the competent authority declared the scheme to have lapsed und…
TMT. T.P.K. THILAGAVATHYversusTHE REGIONAL TRANSPORT AUTHORITY AND OTHERS
1994 INSC 55829 November 1994Dismissed
The petitioners, private stage‑carriage operators, challenged the Tamil Nadu Motor Vehicles (Special Provisions) Act, 1992 which bars the grant of any new permit overlapping a notified route after 30 June 1990. They argued that the cut‑off date created an arbitrary classification violating Article 14 and that Section 1…
UNITED INDIA INSURANCE COMPANY LTD.versusSUNIL KUMAR & ANR.
2013 INSC 72929 October 2013Matter referred to larger bench
The respondent filed a claim under Section 163-A of the Motor Vehicles Act, 1988 for compensation after a road accident, and the Motor Accident Claims Tribunal awarded Rs. 3.5 lakh. United India Insurance Company appealed, arguing that the claim was not maintainable because the claimant was the driver and no disability…
ARVIND KUMAR MISHRAversusNEW INDIA ASSURANCE CO. LTD. AND ANR.
2010 INSC 65929 September 2010Case Partly allowed
Arvind Kumar Mishra, a 25‑year‑old final‑year engineering student, suffered multiple injuries and 70% permanent disability in a motor accident caused by the negligent driving of a truck. He claimed compensation under Section 166 of the Motor Vehicles Act, 1988, seeking loss of future earnings among other damages. The M…
ASHWANI KUMAR AND ANR. ETC.versusREGIONAL TRANSPORT AUTHORITY, BIKANER AND ANR.
1999 INSC 44729 September 1999Dismissed
The appellants were granted stage‑carriage permits by the Regional Transport Authority (RTA), Bikaner, to ply buses on a Sangaria‑Delhi inter‑state route. The Rajasthan Road Transport Corporation challenged the permits, arguing that the route was covered by a reciprocal transport agreement between Rajasthan and Haryana…
GURU BASAVARAJ @ BEENE SETTAPPAversusSTATE OF KARNATAKA
2012 INSC 35629 August 2012Dismissed
Guru BasavaraJ @ Beene Settappa, the driver of a tractor‑trailer, was convicted under IPC sections 279, 337, 338 and 304‑A and Motor Vehicles Act section 187 for a highway accident that caused multiple injuries and one death. The accused claimed the crash resulted from mechanical failure and argued that his young age a…
NATIONAL INSURANCE CO. LTD.versusABHAYSING PRATAPSING WAGHELA AND ORS.
2008 INSC 99229 August 2008Dismissed
The first respondent, a third‑party rider, suffered severe injuries when a truck insured by National Insurance Co. Ltd. (the appellant) collided with his vehicle. A cheque for the vehicle's premium was tendered before the accident but was later dishonoured; nevertheless, the insurer issued a cover note and, after the a…
RUPA ROYversusTHE NEW INDIA ASSURANCE COMPANY LTD. & ANR.
2019 INSC 82429 July 2019Appeal(s) allowed
The appellant, Rupa Roy, and her 10‑year‑old son were injured when a high‑speed van collided with their rickshaw van, leaving the son with a medically certified 70% permanent disability. She filed a claim under Section 166 of the Motor Vehicles Act, 1988 and the Motor Accident Claims Tribunal awarded a compensation of …
RANJANA PRAKASH AND ORS.versusDIVISIONAL MANAGER AND ANR.
2011 INSC 52729 July 2011Appeal(s) allowed
The deceased, a 46‑year‑old bank manager earning Rs.23,134 per month, died in a motor accident. The Motor Accident Claims Tribunal awarded compensation of Rs.24,12,936 with interest. The insurer appealed, and the High Court reduced the award by 30% on the ground of income‑tax deduction, bringing it down to Rs.16,89,055…
PRIYA VASANT KALGUTKARversusMURAD SHAIKH & ORS.
2009 INSC 96729 July 2009Dismissed
A nine‑year‑old girl suffered a 10% permanent disability in a motor vehicle accident and claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 72,785, but the Karnataka High Court enhanced the award to Rs 1,12,000 without providing reasons. The Supreme Co…
NAHAR INDUSTRIAL ENTERPRISES LTD.versusHONG KONG & SHANGHAI BANKING CORPORATION
2009 INSC 96629 July 2009Disposed off
Nahar Industrial Enterprises Ltd entered into ISDA derivative contracts with Hong Kong & Shanghai Banking Corp. When disputes arose, Nahar filed a civil suit in Ludhiana seeking a declaration that the contracts were void and an injunction, while the bank filed an application before the Debt Recovery Tribunal (DRT) for …
STATE OF RAJASTHANversusJAG RAJ SINGH @ HANSA
2016 INSC 44429 June 2016Dismissed
The State of Rajasthan appealed the acquittal of Jag Raj Singh (alias Hansa) for possession of opium recovered from a jeep. The Supreme Court examined whether the police complied with the mandatory provisions of Sections 42(1) and 42(2) of the NDPS Act when they acted on secret information and conducted the search. It …
KAMAL DEV PRASADversusMAHESH FORGE
2025 INSC 59129 April 2025Appeal(s) allowed
The appellant, a forging machine operator, lost multiple phalanges of four fingers of his right hand in an accident at work. The Commissioner under the Employees' Compensation Act, 1923 initially assessed a 100% disability and awarded compensation based on a factor of 213.57. On appeal, the High Court reduced the disab…
ORIENTAL INSURANCE CO. LTD.versusZAHARULNISHA & ORS.
2008 INSC 55329 April 2008Case Partly allowed
The Motor Accident Claims Tribunal awarded Rs. 3,01,500 as compensation to the family of Shukurullah, who died after being hit by a scooter driven by Ram Surat, who held only a Heavy Motor Vehicle licence and not a valid licence for a two‑wheeler. Oriental Insurance Co. Ltd., the insurer of the scooter, appealed, argui…
MACHINDRANATH KERNATH KASARversusD.S. MYLARAPPA & ORS.
2008 INSC 55629 April 2008Dismissed
A bus owned by the Karnataka State Road Transport Corporation collided with a truck, injuring several passengers and the bus driver. Both the passengers and the driver filed claim petitions under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal. The Tribunal held the bus driver negl…
MASTER AYUSHversusTHE BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO. LTD. & ANR.
2022 INSC 36429 March 2022Appeal(s) allowed
The Supreme Court considered the claim of a five‑year‑old child who became a paraplegic after a road accident in 2010. The Motor Accident Claims Tribunal awarded Rs 18,24,000, which the Karnataka High Court reduced to Rs 13,46,805. On appeal, the Court examined the method of calculating compensation under the Motor Veh…
M. C.MEHTAversusUNION OF INDIA AND ORS.
2017 INSC 28529 March 2017Directions issued
M.C. Mehta filed a writ petition under Article 32 seeking a ban on the sale and registration of commercial vehicles that do not meet Bharat Stage‑IV (BS‑IV) emission standards from 1 April 2017, arguing that such vehicles pose a serious health hazard. The manufacturers contended that they were entitled to sell the exis…
NEW INDIA ASSURANCE CO. LTD.versusCHARLIE AND ANR.
2005 INSC 16429 March 2005Appeal(s) allowed
The appellant insurer challenged a Kerala High Court order that awarded compensation to the claimant, who suffered a 100% permanent disability in a motor accident. The dispute centered on the appropriate deduction for personal expenditure and the multiplier to be applied in computing the lump‑sum award. The Supreme Cou…
NATIONAL INSURANCE CO. LTD.versusPREMA DEVI & ORS.
2008 INSC 27529 February 2008Case Allowed
The claimant, a gratuitous passenger, was injured in an accident on 1 June 1996 while traveling in a goods carriage. The owner of the vehicle had not taken an insurance policy covering such passengers, and the insurer (National Insurance Co.) argued it was not liable for compensation. The Supreme Court examined the def…
S. VISHNU GANGA & ORS.versusM/S ORIENTAL INSURANCE COMPANY LIMITED REP. BY ITS DIVISIONAL MANAGER & ORS.
2025 INSC 12329 January 2025Disposed off
The appellants' parents, who were partners in a mill, died in a road accident when a bus collided with their vehicle. The appellants filed separate claim petitions under the Motor Vehicles Act, 1988 seeking Rs 1 crore each, and the Motor Accidents Claims Tribunal awarded Rs 58.24 lakh and Rs 93.61 lakh respectively, ba…
COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM, KERALAversusMIS K.T.C. AUTOMOBILES
2016 INSC 10629 January 2016Dismissed
The Commissioner of Commercial Taxes of Kerala challenged a penalty of Rs.86 lakh imposed on K.T.C. Automobiles for allegedly evading Kerala sales tax by registering 263 cars sold from its Mahe branch under the Pondicherry Sales Tax Act. The High Court set aside the penalty, holding that the sale was completed at Mahe …
SANJAY VERMAversusHARYANA ROADWAYS
2014 INSC 6129 January 2014Appeal(s) allowed
The appellant, a 25‑year‑old self‑employed man, was paralysed below the waist after a bus accident and filed a claim under the Motor Vehicles Act, 1988. The Motor Accident Claim Tribunal awarded Rs 3 lakh, which the High Court enhanced to Rs 8,08,052 by applying a multiplier of 15 and clubbing future treatment with pai…
PAWAN KUMAR & ANR. ETC.versusM/S HARKISHAN DASS MOHAN LAL & ORS
2014 INSC 6229 January 2014Appeal(s) allowed
The claimants, passengers in a jeep that collided with a fleeing truck, sought compensation under the Motor Vehicles Act, 1988 after two of them were killed and one injured. The High Court held both the truck and the jeep responsible but apportioned liability 70% to the truck driver/owner and 30% to the jeep driver/own…
LAXMIDHAR NAYAK AND ORS.versusJU GAL KISH ORE BEHERA AND ORS.
2017 INSC 115028 November 2017Case Partly allowed
The Supreme Court considered an appeal by the sons and daughter of Chanchali Nayak, an agricultural labourer who died in a head‑on collision between a bus and a truck. The tribunal had awarded Rs 70,600 as compensation based on a monthly income of Rs 650 and a multiplier of 12, which the High Court affirmed but reduced…
M.P.A.L.T. PERMIT OWNERS ASSN. AND ANR.versusSTATE OF MADHYA PRADESH
2003 INSC 68128 November 2003Appeal(s) allowed
The Madhya Pradesh Motor Vehicle Taxation Act, 1991 (as amended in 1999) inserted sections permitting confiscation of a vehicle for non‑payment of tax, linking the power to offences under the Motor Vehicles Act, 1988 (Section 66 read with Section 192‑A). Petitioners challenged these provisions as repugnant to the centr…
STATE OF MADHYA PRADESHversusCENTRE FOR ENVIRONMENT PROTECTION RESEARCH AND DEVELOPMENT & ORS.
2020 INSC 51628 August 2020Appeal(s) allowed
The State of Madhya Pradesh appealed against two orders of the National Green Tribunal (NGT) that directed the State to prohibit fuel dealers from supplying petrol to any motor vehicle that did not display a valid Pollution Under Control (PUC) certificate and to deposit Rs 25 crore as security for compliance. The respo…
NATIONAL INSURANCE COMPANY LTD.versusBEHARI LAL AND ORS.
2000 INSC 41728 August 2000Dismissed
National Insurance Company Ltd. issued a motor vehicle insurance policy under the Motor Vehicles Act, 1939, which was in force when the Motor Vehicles Act, 1988 came into effect. A bus insured under this policy met with an accident after the new Act commenced, resulting in a death claim. The insurer argued that the pro…
NEW INDIA ASSURANCE CO. LTD.versusKAMLESH AND OTHERS.
2025 INSC 72428 April 2025Disposed off
The claimants, legal heirs of a government employee who died in a motor accident, were awarded Rs.37,85,800 compensation by the Motor Accident Claims Tribunal. The insurer, New India Assurance Co., appealed seeking deduction of the financial assistance payable under the Haryana Compensation Assistance Rules, 2006, whil…
NEW INDIA ASSURANCE CO. LTD.versusHARSHADBHAI AMRUTBHAI MODHIYAND ANR.
2006 INSC 26328 April 2006Appeal(s) allowed
An employer had taken a Workmen's Compensation insurance policy with New India Assurance. After a workman's death, the Workmen's Compensation Commissioner awarded Rs. 2,25,220 plus 9% interest and directed the insurer to pay the amount. The insurer appealed, contending that its policy expressly excluded liability for i…
A.P.S.R.T.C.versusREGIONAL TRANSPORT AUTHORITY AND ORS.
2005 INSC 23428 April 2005Reference answered
The Andhra Pradesh State Road Transport Corporation (the Corporation) framed a scheme under s.99 of the Motor Vehicles Act, 1988 to nationalise the mofussil service in West Godavari district, excluding all private operators on the notified routes and on any routes overlapping them. The scheme contained Exception 2, whi…
NEW INDIA ASSURANCE CO. LTD.versusKIRAN SINGH AND ORS.
2004 INSC 32128 April 2004Dismissed
An Assistant Engineer died in a bus accident; his wife claimed compensation from New India Assurance, the insurer of the vehicle. The Tribunal awarded Rs 6,25,000 with a 43‑multiplier and 12% interest, relying on a carbon copy of the policy produced by the bank manager. The High Court upheld the award but reduced inter…
SHIVAWWA AND ANRversusTHE BRANCH MANAGER, NATIONAL INDIA INSURANCE CO. LTD. AND ANR.
2018 INSC 28528 March 2018Appeal(s) allowed
The deceased, Chanabasayya, was killed when he fell from a tractor‑trailer owned by respondent No.2 while returning from unloading maize at Holealur. His father filed a claim under Section 166 of the Motor Vehicles Act, 1988 seeking compensation from the insurer (respondent No.1), the vehicle owner (respondent No.2) an…
UNITED INDIA INSURANCE COMPANY LTD.versusLEHRU AND ORS.
2003 INSC 13328 February 2003Dismissed
The Supreme Court examined an appeal by United India Insurance Company Ltd, which sought to avoid liability for a motor accident on the ground that the driver’s licence was allegedly fake. The accident involved a vehicle driven by Janu, who presented a licence that appeared genuine; the insurer attempted to prove a dif…
MONTFORD BROTHERS OF ST. GABRIEL & ANR.versusUNITED INDIA INSURANCE & ANR. ETC.
2014 INSC 5528 January 2014Appeal(s) allowed
The Catholic society Montford Brothers of St. Gabriel filed a claim before the Mizoram Motor Accident Claims Tribunal (MACT) for compensation under the Motor Vehicles Act, 1988, after one of its members, a "Brother" who had renounced his family ties, died in a road accident. The Tribunal allowed the claim, but the insu…
HANUMANAGOUDAversusUNITED INDIA INSURANCE CO. LTD. & ORS. ETC.
2014 INSC 5728 January 2014Appeal(s) allowed
A goods vehicle accident resulted in the death of Hanumanth, who was employed as a 'Gumasthe' accompanying the goods in transit. The claimants (his widow and children) obtained a compensation award from the Motor Vehicles Accidents Claim Tribunal against both the owner‑driver and United India Insurance Company. The Hig…
PARMESHWARIversusAMIR CHAND & ORS.
2011 INSC 7928 January 2011Appeal(s) allowed
Parmeshwari, a pillion passenger on a motorcycle, suffered a fractured right leg and 32% permanent disability after being hit by a scooter. She filed a complaint with the Superintendent of Police (Hisar) and later a compensation claim, which the Motor Accident Claims Tribunal awarded Rs.1,36,547 with 9% interest. The H…
SMT. MALLAWWA ETC.versusTHE ORIENTAL INSURANCE CO. LTD. AND ORS.
1998 INSC 44327 November 1998Disposed off
The Supreme Court examined several appeals concerning the liability of insurers under Section 95 of the Motor Vehicles Act, 1939 for passengers travelling in goods carriages. The petitioners, owners of goods vehicles and claimants, argued that the insurance policy should cover death or injury of passengers, including o…
JITHENDRANversusTHE NEW INDIA ASSURANCE CO. LTD. & ANR
2021 INSC 68127 October 2021Appeal(s) allowed
The appellant, a 21‑year‑old pillion rider, suffered severe head injuries and 69% permanent disability in a 2001 motor accident, leaving him cognitively impaired, immobile and unable to earn. The Motor Accident Claims Tribunal awarded Rs.5,74,320 compensation, which the High Court increased to Rs.9,38,952 but omitted a…
MANAGING DIRECTOR, K.S.R.T.C.versusNEW INDIAASSURANCE CO. LTD. & ORS.
2015 INSC 80327 October 2015Appeal(s) allowed
The Karnataka State Road Transport Corporation (KSRTC) operated a bus owned by a private individual under a lease agreement. An accident caused by the bus led claimants to seek compensation. The dispute centered on whether liability for compensation under the Motor Vehicles Act, 1988 rested on the registered owner, the…
KAMLESH & ORS.versusATTAR SINGH & ORS.
2015 INSC 80527 October 2015Appeal(s) allowed
The dependants of Rishi Parkash filed a claim petition under the Motor Vehicles Act, 1988 against the driver, owner and insurer of a Maruti car and the driver of a tempo, seeking compensation for his death in a collision. The Motor Accidents Claims Tribunal held both drivers negligent and awarded Rs.5,81,000 with inter…
CHANDIGARH ADMINISTRATION AND ORS.versusNAMIT KUMAR AND ORS.
2004 INSC 55527 September 2004Disposed off
The Supreme Court heard appeals by the Chandigarh Administration challenging several directions issued by the Punjab and Haryana High Court in a public‑interest litigation concerning air and noise pollution, traffic congestion and road safety. The High Court had treated the recommendations of a High‑Powered Committee a…
DR. T. V. JOSEversusCHACKO P.M. @ THANKACHAN AND ORS.
2001 INSC 46527 September 2001Dismissed
A passenger died in a car accident on 9 April 1987. The claimants filed a suit before the Motor Accidents Claims Tribunal against the appellant (Dr. T.V. Jose), the driver and the insurer. The appellant asserted that he had transferred ownership of the car before the accident, but the transfer was never recorded in the…
ALL KERALA DISTRIBUTORS ASSOCIATION, KOTTAYAM UNIT, REPRESENTED BY ITS SECRETARYversusTHE STATE OF KERALA & ANR.
2022 INSC 75227 July 2022Dismissed
The petitioners, a Kerala distributors association, challenged the constitutional validity of amendments to the Kerala Motor Vehicles Taxation Act, 1976 (ss.4(7) and 4(8)), Section 15 of the same Act, and Section 8A of the Kerala Motor Transport Workers’ Welfare Fund Act, 1985, arguing that these provisions made the pa…
ERUDHAYA PRIYAversusSTATE EXPRESS TRANSPORT CORPORATION LTD.
2020 INSC 46627 July 2020Appeal(s) allowed
The appellant, a 23‑year‑old software engineer, was injured in a bus‑accident caused by the negligent driving of a State Express Transport Corporation bus, sustaining a permanent disability of 31.1%. She filed a claim under Section 166 of the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal (MACT) award…
ALIFIYA HUSENBHAI KESHARIYAversusSIDDIQ ISMAIL SINDHI & ORS.
2024 INSC 45727 May 2024Appeal(s) allowed
The appellant, Alifiya Husenbhai Keshariya, was injured in a road accident and claimed Rs 10 lakhs before the Motor Accident Claims Tribunal, which awarded her Rs 2,41,745 with interest. She filed a Miscellaneous Application in the Gujarat High Court seeking permission to appeal the award as an indigent person, arguing…
MOHAR SAI AND ANR.versusGAYATRI DEVI AND ORS.
2018 INSC 42927 April 2018Dismissed
The deceased Krishna Kumar Sahu died in a motorcycle accident; his heirs filed a claim under Section 166 of the Motor Vehicles Act, 1988 seeking compensation. The Motor Accident Claims Tribunal held that the motorcycle was driven by the appellant's son, Prem Lal Rajawade, whose rash driving caused the accident, and awa…
NISHAN SINGH & ORS.versusORIENTAL INSURANCE COMPANY LTD. THROUGH REGIONAL MANAGER & ORS.
2018 INSC 43127 April 2018Case Partly allowed
The appellants filed a claim petition after Balvinder Kaur died in a collision where a Maruti car rear-ended a truck. The Motor Accident Claims Tribunal and the Uttarakhand High Court held that the car driver was at fault for not maintaining a safe distance and dismissed the claim, finding no negligence on the part of …
AVISHEK GOENKAversusUNION OF INDIA AND ANR.
2012 INSC 18627 April 2012Case Partly allowed
The petitioner, a public‑spirited citizen, filed a writ petition under Article 32 seeking a direction that all motor vehicles in India be fitted only with safety glass having 100% visual light transmission (VLT) and that the use of black films on vehicle windshields and side windows be prohibited. The petition also dem…
PUNJAB ROADWAYS MOGA THROUGH ITS GENERAL MANAGERversusPUNJA SAHIB BUS AND TRANSPORT CO. AND ORS.
2010 INSC 24427 April 2010Disposed off
The Punjab Roadways, Moga challenged High Court orders that directed the State Transport Authority to grant regular stage‑carriage permits to private operators on routes where State Transport Undertakings (STUs) had either not utilized or had surrendered their permits. The dispute centered on the interpretation of the …
SMT. RITA DEVI AND ORS.versusNEW INDIA ASSURANCE CO. LTD. AND ANR.
2000 INSC 26327 April 2000Case Allowed
The case involved the death of Dasarath Singh, an auto‑rickshaw driver, who was killed by unknown passengers while they attempted to steal the vehicle. The claimants, Rita Devi and others, filed a petition under Section 163‑A of the Motor Vehicles Act, 1988 for compensation, which was awarded by the Motor Accidents Cla…
NEW INDIA ASSURANCE CO. LTD.versusSATBIR AND ORS.
2009 INSC 41527 March 2009Dismissed
The case arose from a motor accident in which the driver of a Tata 407 vehicle, Rajesh, died. The Motor Accident Claims Tribunal awarded Rs.1,50,000 compensation, holding that both the vehicle and a bus driver were contributory negligent and that the liability of the insurer, New India Assurance Co., would be half the …
ASSURANCE CO., SHIMLAversusKAMLA AND ORS. ETC. ETC.
2001 INSC 17827 March 2001Disposed off
An accident on 1 March 1993 involving a truck driven by Liaqat Ali resulted in three deaths. The insurer, New India Assurance Co., claimed it was not liable for third‑party compensation because the driver allegedly held a forged licence, constituting a breach of the insurance policy. The Motor Accident Claims Tribunal …
BASAPPAversusSTATE OF KARNATAKA
2014 INSC 14727 February 2014Appeal(s) allowed
The appellant Basappa was charged under IPC sections 279 and 304A and the Motor Vehicles Act for a tractor accident that killed a two‑year‑old child. The trial magistrate acquitted him, finding no cogent evidence that he was the driver at the time of the accident. The State appealed under Cr.P.C. s.378; the High Court …
VIJAY KUMAR SHARMA & ORS. ETC.versusSTATE OF KARNATAKA & ORS. ETC.
1990 INSC 5927 February 1990Dismissed
The petitioners, a group of contract carriage operators, were denied fresh permits under the Motor Vehicles Act, 1988 because the Karnataka Contract Carriages (Acquisition) Act, 1976 (ss. 14 and 20) barred any new applications and gave a monopoly to the State Transport Undertaking. They challenged the refusals before t…
A.V. PADMA & ORS.versusR. VENUGOPAL & ORS
2012 INSC 5327 January 2012Appeal(s) allowed
The widowed mother and her two educated daughters of a deceased motor accident victim were awarded compensation, which was later enhanced by the High Court. The insurer deposited the full amount with the Motor Accident Claims Tribunal, which ordered a portion to be placed in long‑term fixed deposits despite the claiman…
SKODA AUTO VOLKSWAGEN INDIA PRIVATE LIMITEDversusTHE STATE OF UTTAR PRADESH AND ORS.
2020 INSC 66126 November 2020Dismissed
Skoda Auto Volkswagen India Private Ltd sought to quash an FIR registered under Sections 34, 471, 468, 467, 420, 419 and 406 IPC for alleged installation of defeat devices in its vehicles. The High Court refused to quash the FIR, granting only protection against arrest. The petitioner argued that the police could not i…
AMBALA BUS SYNDICATE PVT. LTD.versusCHANDIGARH ADMINISTRATION & ORS.
2018 INSC 89526 September 2018Leave Granted & Disposed off
Ambala Bus Syndicate, a private operator of non‑air‑conditioned buses, obtained an inter‑state permit from Punjab and sought a counter‑signature from the Chandigarh Union Territory to operate in Chandigarh. The High Court Single Judge allowed the request, but the Division Bench reversed, holding that the 1998 Scheme (a…
STATE OF M.P. & ORS.versusRAKESH SETHI & ANR.
2020 INSC 50626 August 2020Appeal(s) allowed
The Madhya Pradesh High Court struck down Rule 55A of the State Motor Vehicles Rules, which imposed fees for reserving specific vehicle registration numbers, holding it ultra vires the Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989. The State appealed, arguing that under Sections 65(1) and 211 of t…
KISHAN GOPAL & ANR.versusLALA & ORS.
2013 INSC 56626 August 2013Appeal(s) allowed
The parents of a ten‑year‑old boy filed a claim petition under Sections 140 and 166 of the Motor Vehicles Act, 1988 seeking compensation for his death in a tractor‑trolley accident caused by the driver (respondent No.1). The Motor Accident Claims Tribunal rejected the claim, holding that the plaintiffs failed to prove …
MASTER MALLIKARJUNversusDIVISIONAL MANAGER, THE NATIONAL INSURANCE COMPANY LIMITED & ANR.
2013 INSC 56426 August 2013Appeal(s) allowed
The appellant, a 12‑year‑old child, was hit by a motorcycle and suffered multiple injuries resulting in a 34% disability of the right lower limb and an 18% disability of the whole body. The Motor Accidents Claims Tribunal awarded Rs.63,500 and the Karnataka High Court enhanced it to Rs.1,09,500, which the child challen…
PEPSU ROAD TRANSPORT CORPORATIONversusNATIONAL INSURANCE COMPANY,
2013 INSC 56326 August 2013Appeal(s) allowed
The Pepsu Road Transport Corporation (PRTC) owned a bus driven by Nirmal Singh, who was involved in a fatal accident. The claimants obtained compensation from the Motor Accidents Claims Tribunal, but the insurer, National Insurance Company, was absolved on the ground that the driver’s licence was fake. PRTC appealed, a…
ASSOCIATION OF REGISTRATION PLATESversusUNION OF INDIA AND ORS.
2004 INSC 38626 May 2004Matter referred to larger bench
The petitioners challenged Clause 4(x) of the Motor Vehicles (New High Security Vehicle Registration Plates) Order, 2001 and the eligibility conditions in various State NITs, alleging that they created a monopoly in favour of a single private manufacturer, violating Article 19(1)(g) of the Constitution. The petitioners…
URVIBEN CHIRAGHBAI SHETHversusVIJAYBHAI SHAMBHUBHAI JORANPUTRA .& ORS.
2011 INSC 33526 April 2011Appeal(s) allowed
In 1990 a car driven by the first respondent crashed, leaving the appellant, Urviben, permanently disabled and bedridden. She claimed Rs.15 lakh compensation before the Motor Accident Claims Tribunal (MACT) under s.166 of the Motor Vehicles Act, 1988. The MACT awarded Rs.6.07 lakh with 9% interest, recording that the a…
MAHARAJA TOURIST SERVICE ETC. ETC.versusSTATE OF GUJARAT
1991 INSC 11726 April 1991Disposed off
The petitioners, holders of All India Tourist Permits under the Motor Vehicles Acts, challenged the constitutional validity of additional taxes levied by several states on tourist vehicles, arguing that the taxes were neither compensatory nor regulatory and thus violated Articles 19(1)(g) and 301 of the Constitution. T…
MANAM SARASWATHI SAMPOORNA KALAVATHI & ORS.versusMANAGER, APSRTC, TADEPALLIGUDEM A.P. & ANR.
2010 INSC 17626 March 2010Appeal(s) allowed
The deceased was riding a scooter when an APSRTC bus, driven rashly and without sounding the horn, struck it from behind, causing his death. The deceased's parents and sisters filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal held that the bus driver’s rash…
M.C.MEITTAversusUNION OF INDIA AND ORS.
2001 INSC 17026 March 2001Modified
The Supreme Court, hearing M.C. Mehta v. Union of India, examined the failure of the Delhi government and private bus operators to meet its earlier order (28 July 1998) that the entire city bus fleet be converted to CNG by 31 March 2001 and that no bus older than eight years operate on diesel after 1 April 2000. Applic…
NATIONAL INSURANCE COMPANY LTD.versusMEGHJI NARAN SORATIYA & ORS.
2009 INSC 27126 February 2009Appeal(s) allowed
The insurer, National Insurance Company Ltd., appealed against the Gujarat High Court's dismissal of its challenges to Motor Accident Claims Tribunal awards, contending that the Tribunal had granted permission to contest the claims under Section 170 of the Motor Vehicles Act, 1988 without recording reasons. The Supreme…
N. JAYASREE & ORS.versusCHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD.
2021 INSC 66625 October 2021Appeal(s) allowed
The deceased, a 52‑year‑old Assistant Professor, died in a motor vehicle accident, leaving behind his wife, two daughters and his mother‑in‑law who lived with the family and was financially dependent on him. The appellants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, but the Kerala High Cou…
VED PRAKASH GARG ETC.versusPREMI DEVI AND ORS. ETC.
1997 INSC 67125 September 1997Case Partly allowed
The owners of motor trucks, who employed drivers and cleaners, suffered fatal accidents and their employees' heirs filed claims under the Workmen's Compensation Act, invoking Section 167 of the Motor Vehicles Act. The Workmen's Commissioner awarded compensation, interest, and penalty, holding the insurance companies jo…
NATIONAL INSURANCE CO. LTD.versusV. CHINNAMMA AND ORS.
2004 INSC 47225 August 2004Leave Granted & Allowed
The deceased, a vegetable trader, was traveling in a tractor with a trailer when he fell and died after the vehicle was driven at high speed. His heirs claimed compensation under Section 147(1) of the Motor Vehicles Act, 1988, arguing that the insurer was liable for the death of the owner of the goods being carried. Th…
SHARDA ASSOCIATESversusUNITED INDIA INSURANCE COMPANY LTD
2022 INSC 74525 July 2022Appeal(s) allowed
Sharda Associates insured a JCB excavator with United India Insurance for Rs 13.50 lakhs. While the excavator was being used for road construction, a section of the road collapsed, causing the machine to fall into a ditch, killing two workers and resulting in total loss of the excavator. The insurer denied the claim, i…
UTTAR PRADESH STATE ROAD TRANSPORT CORPORATIONversusKULSUM & ORS.
2011 INSC 51525 July 2011Disposed off
The Uttar Pradesh State Road Transport Corporation (UPSRTC) hired a privately owned mini‑bus, which was insured by National Insurance Company, and the bus was involved in a fatal accident. The claimants sought compensation under the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal held the corporation l…
V. MEKALAversusM. MALATHI & ANR.
2014 INSC 34425 April 2014Appeal(s) allowed
The appellant, a 16‑year‑old student who secured first rank in her class, suffered 70% permanent disablement after a motor vehicle accident. The Motor Accident Claim Tribunal awarded Rs 6,46,000 and the Madras High Court enhanced it to Rs 18,22,000, taking a notional monthly income of Rs 6,000. The Supreme Court held t…
ANJANI SINGH & ORS.versusSALAUDDIN & ORS.
2014 INSC 32825 April 2014Appeal(s) allowed
The husband of the claimants, Sergeant Dalbir Singh, died in a road accident caused by the negligent driving of the respondent. The claimants filed a compensation claim under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs. 2,49,600 with a dependency multiplier of 8, which the…
SRIKRISHNA KANTA SINGHversusTHE ORIENTAL INSURANCE COMPANY LTD. & ORS.
2025 INSC 39425 March 2025Appeal(s) allowed
A Block Development Officer was riding pillion on a scooter when it collided with the tail‑end of a long trailer, resulting in the amputation of both his legs. The claimant sought compensation under Section 166 of the Motor Vehicles Act, 1988, but the Tribunal and the Calcutta High Court held that the scooter driver, w…
SMT. SAVITAversusMOTOR VEHICLES ACT, 1988
2014 INSC 20425 March 2014Case Partly allowed
The appellant, Smt. Savita, filed a claim under Section 166 of the Motor Vehicles Act, 1988 for the death of her husband, Sandeep Chauhan, in a road accident. The Motor Accidents Claims Tribunal awarded a compensation of Rs. 4,28,000 based on a notional annual income of Rs. 36,000, a multiplier of 17, and deductions fo…
LAXMI DEVI & OTHERSversusMOHAMMAD TABBAR & ANOTHER
2008 INSC 40125 March 2008Case Allowed
Rajendra Singh, aged 35, died in a motor accident. His wife and four minor daughters claimed compensation before the Motor Accidents Claims Tribunal, which used the notional income of Rs 15,000 per annum (as per the Second Schedule of Section 163‑A, Motor Vehicles Act) and a multiplier of 16, awarding Rs 1,69,000 with …
SRI. BENSON GEORGEversusRELIANCE GENERAL INSURANCE CO. LTD.& ANR.
2022 INSC 23525 February 2022Case Partly allowed
The claimant, a 29‑year‑old bank employee, suffered grievous brain injuries in a motor accident on 01‑01‑2013 and has remained in a permanent coma and bedridden. The Motor Accident Claims Tribunal awarded Rs 94.37 lakh with 9% interest; the High Court enhanced the compensation to Rs 1.24 crore but reduced the interest …
BANGALORE METROPOLITAN TRANSPORT CORP.versusPADMA AND ORS.
2009 INSC 26625 February 2009Disposed off
The husband of the claimants was struck by a Bangalore Metropolitan Transport Corporation (BMTC) bus and died at age 53. The claimants sought compensation under Section 166 of the Motor Vehicles Act, 1988, alleging loss of dependency and consortium. The Motor Accidents Claims Tribunal awarded Rs 11,04,032 using a multi…
THE APSRTC, REP. BY ITS GENERAL MANAGER AND ANR.versusM. RAMADEVI AND ORS.
2008 INSC 10125 January 2008Case Partly allowed
The appellant APSRTC filed an appeal against a Motor Accidents Claims Tribunal award of compensation for the death of its employee in a road accident. The Tribunal had based the award on a monthly salary of Rs.2,367 and a multiplier of 12, granting Rs.2,46,000 plus Rs.20,000 for non‑pecuniary damages. The High Court, n…
UNITED LNDIA INSURANCE CO. LTD.versusSUNIL KUMAR & ANR.
2017 INSC 114324 November 2017Hearing Adjourned
The appeal concerned a claim for compensation under Section 163A of the Motor Vehicles Act, 1988, filed by Sunil Kumar against United India Insurance Co. Ltd. The insurer attempted to defend the claim by alleging negligence of the driver/owner of the vehicle. The Supreme Court examined whether such a defence is permiss…
DR. BALRAM PRASADversusDR. KUNAL SAHA & ORS.
2013 INSC 71724 October 2013Disposed off
Dr. Kunal Saha filed a consumer complaint after his wife died while being treated for toxic epidermal necrolysis at AMRI Hospital. The National Consumer Disputes Redressal Commission held the hospital and four doctors negligent but reduced the claim, deducted 10% for alleged contributory negligence and awarded only Rs.…
UNITED INDIA INSURANCE CO. LTD.versusRAKESH KUMAR ARORA & ORS.
2008 INSC 108724 September 2008Appeal(s) allowed
A fatal road accident occurred on 5 February 1997 when a vehicle owned by the respondent was driven by Karan Arora, a 15‑year‑old who did not possess a valid driving licence. The deceased's family claimed compensation from United India Insurance Company, which denied liability on the ground that the driver was unlicens…
DHANRAJversusNEW INDIA ASSURANCE CO. LTD. AND ANR.
2004 INSC 54924 September 2004Leave Granted & Dismissed
The owner of a Jeep, who had a comprehensive motor insurance policy, was injured along with passengers in an accident. The Motor Accident Claims Tribunal ordered both the driver and the insurer to pay compensation to the owner, but the insurer appealed and the High Court held it not liable. The Supreme Court examined w…
MRS. HAFIZUN BEGUMversusMD. IKRAM HEQUE & ORS.
2007 INSC 77724 July 2007Disposed off
The appellant, Hafizun Begum, the widow of a deceased motor‑vehicle accident victim, challenged an order allowing the deceased's brothers—who were not financially dependent on him—to claim compensation under the Motor Vehicles Act, 1988. The High Court had dismissed her claim, holding that the brothers were entitled to…
ORIENTAL INSURANCE CO. LTD.versusKALAWATI DEVI & ORS.
2009 INSC 39624 March 2009Appeal(s) allowed
The case involved Oriental Insurance Co. Ltd., which appealed a decision of the Jharkhand High Court that dismissed its claim under the Motor Vehicles Act, 1988. The High Court had held that the insurer had not obtained leave to contest the claim under section 170 after the vehicle owner failed to take interest, and th…
NATIONAL INSURANCE CO. LTD.versusSMT. KUSUM RAI AND ORS.
2006 INSC 17624 March 2006Dismissed
A taxi insured with National Insurance Co. was driven by a Khalasi who held only a Light Motor Vehicle licence, not a licence for a commercial vehicle. The vehicle met with an accident, resulting in the death of a 12‑year‑old girl. The claimants filed a petition under Sections 163A and 166 of the Motor Vehicles Act, an…
SMT. NILABATI BEHERA ALIAS LAUT BEHERA (THROUGH THE SUPREME COURT LEGAL AID COMMITTEE)versusSTATE OF ORISSA AND ORS.
1993 INSC 11324 March 1993
Smt. Nilabati Behera filed a writ petition under Article 32 alleging that her son, Suman Behera, died in police custody due to injuries inflicted by police and that his body was later dumped on a railway track. The State of Orissa contended that the son escaped custody and was killed in a train accident, denying liabil…
S. PERUMALversusK. AMBIKA & ANR.
2015 INSC 15124 February 2015Appeal(s) allowed
The appellant, a poultry labourer, was injured in a motor vehicle collision on 18 November 2009, sustaining multiple rib fractures and a 25% permanent disability. He claimed Rs 5,00,000 compensation under the Motor Vehicles Act, 1988, but the Motor Accident Claims Tribunal awarded only Rs 25,300 with 7.5% interest, a d…
ORIENTAL INSURANCE CO. LIMITEDversusPRITHVI RAJ
2008 INSC 9624 January 2008Case Allowed
Prithvi Raj owned a Mini Bus insured by Oriental Insurance. After an accident, he claimed compensation for damage to his own vehicle, but the insurer denied the claim, alleging that the driver did not possess a valid driving licence. The State Consumer Disputes Redressal Commission found that no licence had ever been i…
ORIENTAL INSURANCE COMPANY LTD.versusDEVIREDDY KONDA REDDY AND ORS. ETC. ETC.
2003 INSC 3324 January 2003Appeal(s) allowed
Certain goods vehicles insured by Oriental Insurance Company were involved in accidents that killed unauthorised or gratuitous passengers. Claims were filed under the Motor Vehicles Act, 1988 and the Motor Accident Claims Tribunal held the insurer liable for compensation. The High Court upheld that decision, relying on…
SADHANA LODHversusNATIONAL INSURANCE COMPANY LTD. AND ANR.
2003 INSC 3224 January 2003Appeal(s) allowed
The claimant's son died in a motor vehicle accident and the Motor Accident Claims Tribunal awarded Rs. 3,50,000 as compensation. The insurer, National Insurance Co., filed writ petitions under Articles 226 and 227 of the Constitution challenging the award, but the High Court initially dismissed the petition and later r…
SMT. THOKCHOM ONGBI SANGEETA@ SANGI DEVI AND ANR.versusORIENTAL INSURANCE CO. LTD. AND ORS.
2007 INSC 109623 October 2007Disposed off
A Tata truck, classified as a goods vehicle, met with an accident near Lungthulien village, leading to two claims before the Motor Accident Claims Tribunal under the Motor Vehicles Act, 1988. The Tribunal awarded compensation to the claimants, which the insurer, Oriental Insurance Co., contested on the ground that the …
BELI RAMversusRAJINDER KUMAR & ANR.
2020 INSC 56023 September 2020Dismissed
The plaintiff Beli Ram, owner of a truck, employed a driver who had been driving with an expired licence for nearly three years. The driver suffered a road accident resulting in 20% permanent disability and claimed compensation under the Workmen's Compensation Act, 1923. The High Court held the insurer not liable and p…
RELIANCE GENERAL INSURANCE CO. LTD.versusSHASHI SHARMA & ORS.
2016 INSC 90923 September 2016Case Partly allowed
The Supreme Court examined whether amounts paid to the dependents of a deceased government employee under the Haryana Compassionate Assistance Rules, 2006 should be deducted from compensation awarded under the Motor Vehicles Act, 1988 for a fatal motor accident. The Court reiterated that compensation must be "just and …
SMT. DARIYAO KANWAR & ORS.versusM/S UNITED INDIA INSURANCE CO. LTD. & ANR.
2023 INSC 75623 August 2023Appeal(s) allowed
The deceased, Sumer Singh, was employed as a driver by the owner of a truck and was on duty driving from Delhi to Baroda when he felt unwell, parked the vehicle and died. The claimants, his dependents, filed an application under the Employee's Compensation Act, 1923 and were awarded compensation by the Workmen's Compen…
REBEKA MINZ AND ORS.versusDIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. AND ANR.
2012 INSC 35023 August 2012Appeal(s) allowed
The husband of the appellants died in a road accident, and the wife and children claimed compensation under the Motor Vehicles Act, 1988. The Motor Accidents Tribunal awarded Rs 10,08,000 using a multiplier of 12 and interest at 7% for certain periods. The High Court reduced the compensation to Rs 5,00,000 and the inte…
NATIONAL INSURANCE COMPANY LTD.versusKUSUMA AND ANR.
2011 INSC 60023 August 2011Dismissed
In 1995 a pregnant woman (Kusuma) was injured in a road accident and subsequently delivered a still‑born baby. She filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for loss of the unborn child and pain and suffering. The Motor Accident Claims Tribunal awarded Rs 50,000 for the loss of the unborn…
MEENAKSHIversusTHE ORIENTAL INSURANCE CO. LTD.
2024 INSC 57323 July 2024Case Partly allowed
The appellant, Meenakshi, mother of Suryakanth who died in a road accident, claimed compensation under the Motor Vehicles Act, 1988. The Accident Claims Tribunal awarded Rs 1.04 crore based on the deceased’s gross monthly salary of Rs 50,942, which included house rent allowance, a flexible benefit plan and employer’s c…
NATIONAL INSURANCE CO. LTD .versusGURUMALLAMMA & ANR.
2009 INSC 94123 July 2009Case Partly allowed
The mother of a 22‑year‑old deceased, who died in a motor‑vehicle accident, filed a claim under Section 163A of the Motor Vehicles Act, 1988. The Tribunal and the Karnataka High Court accepted the deceased’s alleged monthly income of Rs 3,300 and applied a multiplier of 17, awarding Rs 4,78,300 as compensation. On appe…
RESHMA KUMARI AND OTHERSversusMADAN MOHAN AND ANOTHER
2009 INSC 94223 July 2009Matter referred to larger bench
The Supreme Court examined the method of calculating compensation under the Motor Vehicles Acts of 1939 and 1988, focusing on whether the multiplier in the Second Schedule must be applied rigidly and what criteria should guide the determination of the multiplicand (future earnings). The Court noted that earlier decisio…
THE ORIENTAL INSURANCE COMPANY LIMITEDversusKALU RAM AND OTHERS
2026 INSC 65323 June 2026
The deceased, a 20‑year‑old CA final student, was killed when his roommate's car struck a truck that had been left stationary on a dark road without any warning lights or signs. The Motor Accident Claims Tribunal held that the negligence lay with the truck driver for leaving the vehicle unattended, and awarded Rs 81,21…
NATIONAL INSURANCE COMPANY LTD.versusMANNAT JOHAL & ORS. ETC. ETC.
2019 INSC 56123 April 2019Dismissed
An oil tanker collided with a car driven by Rajpal Singh Johal, killing him and injuring his family. The claimants (his parents, wife, and children) sought compensation under the Motor Vehicles Act, 1988, while the insurer challenged the quantum of award and the interest rate. The Motor Accident Claims Tribunal initial…
MANASVI JAINversusDELHI TRANSPORT CORPORATION LTD. & ORS
2014 INSC 31123 April 2014Appeal(s) allowed
The father of the appellant, an Executive Engineer earning a gross salary of Rs.26,950 per month, died in a motor accident. The Motor Accidents Claims Tribunal computed his net monthly income by deducting contributions to the General Provident Fund, house rent, GIS and income tax, arriving at Rs.15,784 and awarded Rs.1…
SANTOSH DEVIversusNATIONAL INSURANCE COMPANY LTD. AND OTHERS
2012 INSC 18123 April 2012Appeal(s) allowed
The appellant, Santosh Devi, claimed compensation under Section 166 of the Motor Vehicles Act, 1988 for the death of her husband, a self‑employed dairy farmer, in a road accident caused by the negligent driving of another vehicle. The Motor Accident Claims Tribunal awarded Rs.1,32,000 with a 12% interest, applying a mu…
PEPSU ROAD TRANSPORT CORPN. PATIALA, THROUGH ITS GENERAL MANAGERversusKULWANT KAUR & ORS.
2009 INSC 24123 February 2009Appeal(s) allowed
An accident occurred on 15‑10‑1982 and a claim petition was filed on 30‑11‑1982. The Motor Accidents Claims Tribunal dismissed the claim, but the Punjab & Haryana High Court allowed it, relying on Section 140 of the Motor Vehicles Act, 1988 (as amended on 14‑11‑1994) and directing a payment of Rs 50,000 as "no‑fault li…
RAMESH SINGH AND ANR.versusCINTA DEVI AND ORS.
1996 INSC 30723 February 1996Appeal(s) allowed
An accident on 27 May 1988 gave rise to a compensation claim under the Motor Vehicles Act, 1939, which was filed on 23 December 1988. The Motor Vehicles Act, 1988 came into force on 1 July 1989, repealing the 1939 Act, but the claim was finally decided on 29 June 1992, creating a right to appeal that was exercised on 2…
NATIONAL INSURANCE COMPANY LTD.versusMEENA AGGARWAL
2009 INSC 5823 January 2009Appeal(s) allowed
The appellant insurer denied a claim for damage to a Maruti van insured for personal use after it was involved in an accident while being used as a taxi and driven by a person without a valid licence. The District Consumer Forum upheld the denial, but the State Consumer Commission reversed it, holding there was no fund…
MANAGING DIRECTOR, TNSTCversusSUGUNA AND ORS.
2009 INSC 6623 January 2009Case Partly allowed
A 24‑year‑old motorcyclist died when a bus owned by the appellant, TNSTC, collided with him in 1998. The deceased's widow and children filed a claim under Section 166 of the Motor Vehicles Act for compensation. The Motor Accidents Claim Tribunal (MACT) fixed a notional monthly income of Rs.1,500 for the deceased, due t…
U.P. STATE ROAD TRANSPORT CORP.versusISLAMUDDIN
2009 INSC 7123 January 2009Case Partly allowed
The claimant, Islamuddin, suffered injuries in a motor accident on 3 December 2002 near GT Road, Shahdara, Delhi and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal (MACT) fixed a compensation of Rs. 3,00,598 but deducted 40% on the ground of contributory negligence, reducing…
K.S. MURALIDHARversusR. SUBBULAKSHMI & ANR.
2024 INSC 88622 November 2024Appeal(s) allowed
The appellant, K.S. Muralidhar, suffered a severe spinal injury resulting in 100% functional disability after his company vehicle collided with a negligently driven lorry. The Tribunal awarded Rs.58,09,930 plus interest and future medical expenses, while the Karnataka High Court enhanced the award to Rs.78,16,390, calc…
MITHILESH GARG ETC. ETC.versusUNION OF INDIA AND. ORS. ETC. ETC.
1991 INSC 30922 November 1991Dismissed
The petitioners, existing stage‑carriage operators, challenged the Motor Vehicles Act, 1988’s liberalised permit regime (sections 71, 72 and 80) on the ground that it violated Articles 14 and 19(1)(g) of the Constitution by allowing unlimited new entrants on the same routes. They argued that intra‑region permits were n…
UNION OF INDIAversusUNITED INDIA INSURANCE CO. LTD. AND ORS.
1997 INSC 70522 October 1997Dismissed
A super‑fast train collided with a hired passenger bus at an unmanned level crossing in Kerala, killing most of the bus occupants. The Supreme Court examined whether the bus driver was negligent, whether his negligence could be imputed to the passengers, and whether the railways owed a common‑law duty of care despite t…
KAVINversusP. SREEMANI DEVI & ORS.
2025 INSC 102822 August 2025Appeal(s) allowed
The appellant Kavin, aged 21, suffered 100% permanent disability in a bus accident and claimed Rs.1 crore compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs.67,83,866, but the Madras High Court reduced it by Rs.19 lakh, cutting amounts for future medical expens…
LAL CHANDversusORIENTAL INSURANCE CO. LTD.
2006 INSC 53722 August 2006Appeal(s) allowed
The owner of a truck employed a driver, examined his licence and conducted a driving test, concluding the driver was competent. The truck met with an accident and the insurer paid compensation to the claimants. The insurer later sought recovery, arguing the driver’s licence was fake and that the owner breached Section …
STATE OF MAHARASHTRA AND ORS.versusKANCHANMALA VIJASING SHIRKE AND ORS.
1995 INSC 48522 August 1995Dismissed
The State of Maharashtra owned a jeep that was officially used to transport employees after office hours. The authorized driver, who was intoxicated, permitted a clerk (respondent No. 4) to drive the vehicle, resulting in a collision that killed Vijay Singh. The claimants sought compensation under the Motor Vehicles Ac…
ARUN KUMAR AGRAWAL AND ANOTHERversusNATIONAL INSURANCE COMPANY AND OTHERS
2010 INSC 41622 July 2010Appeal(s) allowed
The petitioners, the husband and son of a 39‑year‑old housewife who died in a road accident, claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal initially awarded Rs 6 lakhs based on the notional income provision of Clause 6 of the Second Schedule but reduced it to…
RAMASHRAY SINGHversusNEW INDIA ASSURANCE CO. LTD. AND ORS.
2003 INSC 32722 July 2003Dismissed
The appellant, owner of a passenger‑carrying vehicle, insured the vehicle with New India Assurance Company. A khalasi (crew member) employed by the appellant died in an accident. The heirs claimed compensation under the Workmen's Compensation Act against both the appellant and the insurer. The Workmen's Compensation Co…
NIDHI BHARGAVA & ORS. A1: NIDHI BHARGAVA A2: MANUJ BHARGAVA A3: ANUJ BHARGAVAversusNATIONAL INSURANCE COMPANY LTD. & ORS. R1: NATIONAL INSURANCE COMPANY LTD. THROUGH ITS REGIONAL MANAGER R2: K. L. BHARGAVA R3: ANIL KUMAR KUKREJA
2025 INSC 52622 April 2025Disposed off
The appellants, heirs of a businessman who died when a bus collided with his motorcycle in August 2008, claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 31,41,000 with 9% interest, but the Delhi High Court reduced the amount to Rs 16,97,370, excluding the deceased's…
IN RE: COMPENSATION AMOUNTS DEPOSITED WITH MOTOR ACCIDENT CLAIMS TRIBUNALS AND LABOUR COURTSversusNA
2025 INSC 53022 April 2025
The Supreme Court, acting suo motu, examined the problem of large sums of unclaimed compensation lying with Motor Accident Claims Tribunals (MACTs) and Labour Courts under the Motor Vehicles Act, 1988 and the Workmen’s Compensation Act, 1923, after an email from a retired district judge highlighted the issue. The Court…
S. RAJASEEKARANversusUNION OF INDIA & ORS.
2017 INSC 115922 April 2014Hearing Adjourned
The petitioner, an orthopaedic surgeon, filed a writ petition under Article 32 seeking the Supreme Court’s intervention to enforce the Motor Vehicles Act, 1988 and related regulations to curb the high incidence of road accidents in India and to improve post‑accident care. The Court examined the extensive data on accide…
KALPANARAJversusTAMIL NADU STATE TRANSPORT CORPORATION
2014 INSC 30222 April 2014Appeal(s) allowed
Kalpanaraj, the legal representative of a deceased 46‑year‑old motorcyclist, filed a claim for compensation under s.166 of the Motor Vehicles Act, 1988 on behalf of his wife and two minor children. The Motor Accident Claims Tribunal had awarded Rs.20.90 lacs based on a monthly income of Rs.15,000 and a multiplier of 18…
MG. DIR., BANGALORE METROPOLITAN TPT. CORP.versusSAROJAMMA & ANR.
2008 INSC 51022 April 2008Case Partly allowed
The case involved a claim under Section 163‑A of the Motor Vehicles Act for the death of an 18‑year‑old tutor in a bus accident. The Motor Accident Claims Tribunal awarded compensation of Rs 3,84,000 using a multiplier of 16 and deducted one‑third of the deceased’s estimated monthly income of Rs 3,000 for personal expe…
ORIENTAL INSURANCE CO. LTD.versusRAJNI DEVI & ORS.
2008 INSC 51122 April 2008Case Partly allowed
The heirs of Janak Raj, who died in a motorcycle accident along with a pillion rider, filed a claim under Section 163-A of the Motor Vehicles Act, 1988 for compensation. The Motor Vehicles Accident Claims Tribunal allowed the claim, treating the accident as arising from the use of the vehicle irrespective of who was dr…
MAHINDRA AND MAHINDRA FINANCIAL SERVICES LTDversusSTATE OF U.P. AND ORS
2022 INSC 22122 February 2022Dismissed
Mahindra & Mahindra Financial Services Ltd. (the appellant) had extended a loan for the purchase of a transport vehicle. When the borrower defaulted, the financier repossessed the vehicle and contested liability to pay motor vehicle tax under the Uttar Pradesh Motor Vehicles Taxation Act, 1997. The High Court held that…
STATE OF KERALAversusE.T.ROSE LYND & ORS.
2012 INSC 9822 February 2012Case Partly allowed
An accident on a national highway caused the death of a pillion rider when his motorcycle collided with a stationary lorry. The claimants obtained a compensation award from the Motor Accidents Claims Tribunal, holding the truck owner, driver, insurer and the motorcycle rider liable. The truck owner and rider appealed t…
NATIONAL INSURANCE COMPANY LTD.versusANNAPPA IRAPPA NESARIA AND ORS.
2008 INSC 8222 January 2008Dismissed
In 1999 a Matador Van, insured by National Insurance Company Ltd., met with an accident that caused the death of the wife of the plaintiff. The insurer contended that the driver, who held a licence for a "light motor vehicle" (LMV), was not authorized to drive the van, which was a goods‑carriage (transport) vehicle, an…
N. VENKATESWARA RAO AND ORS ETC.versusS.T.A. AND ORS. ETC.
1996 INSC 136821 November 1996Dismissed
The appellants, owners of three‑axle transport vehicles, challenged a Central Government notification dated 18 October 1996 that prescribed maximum gross vehicle weight and maximum safe axle weight under Section 58(1) of the Motor Vehicles Act, 1988. They argued that the phrase "whichever is less" and the reliance on m…
M/S. COMPLETE INSULATIONS (P) LTD.versusNEW INDIA ASSURANCE COMPANY LTD.
1995 INSC 75921 November 1995Dismissed
MIS. Complete Insulations (P) Ltd. bought a Maruti car originally insured by New India Assurance for the original owner. The car’s registration was transferred to the appellant on 15‑June‑1989 and the appellant requested the insurer to transfer the insurance policy, but the insurer gave no response. The vehicle was lat…
SHIV KUMAR & ORSversusGAINDA LAL & ORS.
2022 INSC 113021 October 2022Appeal(s) allowed
The Supreme Court heard an appeal by the original claimants seeking enhancement of compensation awarded under the Motor Vehicles Act, 1988 for the death of a 25‑year‑old housewife who was also engaged in tuition work and was pregnant at the time of a vehicular accident. The Motor Accident Claim Tribunal had awarded Rs …
NATIONAL INSURANCE CO. LTD.versusCHALLA UPENDRA RAO AND ORS.
2004 INSC 53721 September 2004Leave Granted & Disposed off
Three persons were travelling in an auto‑rickshaw that met with an accident, resulting in two deaths and one serious injury. The vehicle belonged to Challa Upendra Rao, who had no permit to ply the vehicle for hire or reward. The claimants filed petitions for compensation under the Motor Vehicles Act, 1988, and the ins…
ANANT SON OF SIDHESHWAR DUKREversusPRATAP SON OF ZHAMNNAPPA LAMZANE & ANOTHER
2018 INSC 73821 August 2018Appeal(s) allowed
The appellant, a 29‑year‑old driver earning Rs 8,500 per month, was injured in a motor‑vehicle collision that left him with 75% permanent disability, causing loss of livelihood. He claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded a lump‑sum of Rs 7,00,000, which the Hi…
SUBHASH CHANDER AND ANR.versusSTATE TRANSPORT APPELLATE TRIBUNAL AND ORS.
2002 INSC 16321 March 2002Appeal(s) allowed
The appellants applied for mini‑bus permits on the Dasuya‑Jalalpur via Miani route under the liberalised scheme of Section 80 of the Motor Vehicles Act, 1988. Their applications were rejected by the State Transport Commissioner, but the State Transport Appellate Tribunal (STAT) allowed the appeals and remitted the matt…
MANUARA KHATUN & ORS.versusRAJESH KR. SINGH & ORS.
2017 INSC 16421 February 2017Appeal(s) allowed
In 2001 a Tata Sumo collided head‑on with a truck, killing two passengers and injuring others who were travelling as gratuitous passengers. The claimants obtained compensation from the Motor Accident Claims Tribunal, but the Tribunal held that the insurer of the Tata Sumo was not liable because the victims were gratuit…
RAMESH SINGH & ANR.versusSATBIR SINGH & ANR.
2008 INSC 7321 January 2008Dismissed
The father and mother of Banu Pratap Singh, who died at age 22 in a motor accident, appealed against the compensation awarded under the Motor Vehicles Act, 1988. The trial court and the High Court had applied a multiplier of eight, based on the father's age of 55, to calculate loss of dependency. The appellants argued …
M/S UNITED INDIA INSURANCE CO. LTD.versusRAM PRAKASH RATURI
2008 INSC 7521 January 2008Case Allowed
The appellant, United India Insurance Co., rejected a claim for damages to a vehicle on the ground that the insurance policy was issued in the name of Roopa Sharma and that the vehicle had not been transferred to the claimant, Ram Prakash Raturi, at the time of insurance. The District Consumer Forum and the State Consu…
STATE OF MAHARASHTRA AND ORS.versusNANDED- PARBHANI Z.L.B.M.V., OPERATOR SANGH
2000 INSC 2821 January 2000Dismissed
The State of Maharashtra appealed a Bombay High Court order that had declared the seizure and detention of luxury buses illegal and awarded Rs.10,000 compensation to the bus operators. The police had seized the buses under Section 207(1) of the Motor Vehicles Act, 1988, alleging that they were carrying passengers in ex…
M/S BHARTI AIRTEL LTD.versusTHE COMMISSIONER OF CENTRAL EXCISE, PUNE
2024 INSC 88020 November 2024Disposed off
The Supreme Court examined whether mobile service providers (MSPs) could claim CENVAT credit on excise duties paid for mobile towers and prefabricated buildings (PFBs) used in their networks. The dispute arose from conflicting decisions of the Bombay High Court, which held the towers and PFBs to be immovable property a…
NATIONAL INSURANCE COMPANY LTD.versusBALAKRISHNAN & ANOTHER
2012 INSC 52120 November 2012Case Partly allowed
The Managing Director of a company was injured while travelling in a car owned by the company and insured with National Insurance Company Ltd. He claimed compensation under Sections 140, 147 and 166 of the Motor Vehicles Act, 1988, and the Motor Accident Claim Tribunal held the insurer liable. The insurer appealed, arg…
ORIENTAL INSURANCE COMPANY LTD.versusSURENDRA NATH LOOMBA AND OTHERS
2012 INSC 52020 November 2012Disposed off
The claimant, Surendra Nath Loomba, lost both eyes when a car insured by Oriental Insurance Company Ltd. collided with a tree; he claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs.20,97,984, which the High Court reduced to Rs.16,42,656, holding the ins…
M.C. MEHTAversusUNION OF INDIA AND ORS. ETC.
1997 INSC 74720 November 1997Directions issued
The Supreme Court entertained a writ petition filed by environmental lawyer M.C. Mehta under Article 32 seeking directions to curb the growing menace of unregulated traffic in the National Capital Region (NCR) and National Capital Territory (NCT) of Delhi. Relying on the Motor Vehicles Act, 1988 and the Constitution, t…
SUDARSAN PUHANversusJAYANTA KU. MOHANTY & ANR. ETC.
2018 INSC 85020 September 2018Case Partly allowed
The claimant, Sudarsan Puhan, suffered paraplegia after a motorcycle accident and obtained a compensation award of Rs.24,62,065 from the Motor Accident Claims Tribunal under the Motor Vehicles Act, 1988. Both the claimant and the insurer appealed to the Orissa High Court; the insurer's appeal was partially allowed, red…
NATIONAL INSURANCE CO. LTD.versusANJANA SHYAM AND ORS.
2007 INSC 84620 August 2007Case Partly allowed
A bus with a statutory capacity of 42 passengers was overloaded with about 90 persons and met with an accident, causing 26 deaths and 63 injuries. Claimants filed compensation claims under Section 166 of the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal awarded compensation to all claimants, holding …
NUTAN RANI AND ANR.versusGURMAIL SINGH AND ORS.
2018 INSC 62120 July 2018Appeal(s) allowed
Ashok Kumar, a 30‑year‑old salesman earning Rs 3,000 per month, died in a bus accident. His heirs filed a claim under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded only Rs 50,000, while the High Court increased the award to Rs 3,98,500 but neither added a benefit for future pro…
U.P STATE ROAD TRANSPORT CORPN.versusMOHD. GHILMAN SHARIF & OTHERS.
2009 INSC 92720 July 2009Disposed off
The Uttar Pradesh State Road Transport Corporation (the appellant) sought to enforce a scheme of nationalisation that granted it exclusive rights to operate on certain routes and cancelled the permits of private operators. Private operators, including Mohd. Gilman Sharif, challenged the scheme, arguing they were entitl…
B.V. NAGARAJUversusM/S. ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, HASSAN
1996 INSC 69020 May 1996Appeal(s) allowed
The appellant, owner of a Tata truck insured by Oriental Insurance, suffered vehicle damage in a collision while nine persons were aboard, exceeding the policy’s limit of six workmen (excluding the driver). The insurer denied the claim, citing the policy’s exclusion for carrying passengers beyond the permitted number. …
TAMIL NADU STATE TRANSPORT CORPORATION LTD.versusS. RAJAPRIYA AND ORS.
2005 INSC 21920 April 2005Appeal(s) allowed
The Tamil Nadu State Transport Corporation appealed a Motor Vehicles Accident Compensation Claim Tribunal award that granted Rs.6,09,552 to the widow and child of a 38‑year‑old employee who died in a road accident, using a multiplier of 16 under Section 166 of the Motor Vehicles Act, 1988. The corporation argued that t…
NATIONAL INSURANCE CO. LTD.versusSEBASTIAN K. JACOB
2009 INSC 37920 March 2009Appeal(s) allowed
The Motor Accident Claims Tribunal awarded Rs 24,033 with interest to Sebastian K. Jacob against National Insurance Co. Ltd., the insurer of the driver involved in a 1995 accident. National Insurance contended that Jacob had already been compensated Rs 21,700 by Oriental Insurance for the same accident and therefore sh…
NEW INDIA ASSURANCE CO. LTD.versusBISMILLAH BAI & OTHERS
2009 INSC 37420 March 2009Appeal(s) allowed
A passenger named Israel died when a Jeep insured by New India Assurance collided with an uninsured truck. The claimants filed a claim under Sections 166 and 140 of the Motor Vehicles Act. The Motor Accident Claims Tribunal found the truck driver negligent and exonerated the Jeep’s insurer because the Jeep driver was n…
NEW INDIA ASSURANCE CO. LTD.versusVEDWATI AND ORS.
2007 INSC 17220 February 2007Appeal(s) allowed
The case involved a tractor classified as a "goods carriage" that was carrying a passenger who died in an accident. The deceased's dependents filed a claim under the Motor Vehicles Act, 1988 seeking compensation from the insurer, New India Assurance Co. Ltd. The Motor Accident Claims Tribunal and the Allahabad High Cou…
GOITUMUKKALA APPALA NARASIMHA RAJU AND ORS.versusNATIONAL INSURANCE CO. LTD. AND ANR
2007 INSC 17520 February 2007Dismissed
The deceased Bangaru Raju died while driving a tractor owned by his wife, Smt. Gottumukkala Venkata Lakshmi, which was insured by National Insurance Co. Ltd. The claimants filed a petition under the Workmen's Compensation Act, 1923 seeking compensation from both the owner and the insurer. The High Court held that no aw…
NATIONAL INSURANCE CO. LTD.versusSEEMA MALHOTRA AND OTHERS
2001 INSC 9720 February 2001Appeal(s) allowed
The insured, Yash Paul Malhotra, entered into a motor insurance contract on 21‑12‑1993, gave a cheque for the first premium and received a cover note. He died in a road accident on 31‑12‑1993, and the insurer discovered that the cheque had bounced on 10‑01‑1994, cancelling the policy on 20‑01‑1994. The legal heirs clai…
NATIONAL INSURANCE CO. LTD.versusKESHAV BAHADUR AND ORS.
2004 INSC 4420 January 2004Appeal(s) allowed
The deceased was killed in a road accident and his sons filed a claim under Section 109 of the Motor Vehicles Act, 1939. The insurer’s policy limited third‑party liability to Rs 50,000 and the premium paid was Rs 240. The Motor Vehicles Tribunal awarded compensation of Rs 72,000 with interest at 12% and a default rate …
ASRAF ALLIversusM/S. NAVEEN HOTELS LTD. & ANR.
2008 INSC 150319 December 2008Case Partly allowed
The appellant, Asraf Alli, was 15 years old when he suffered a left lower‑limb amputation in a road accident. The Motor Accident Claims Tribunal accepted his actual monthly income as Rs 3,000, applied a 70% loss of earning capacity and a multiplier of 18, awarding Rs 4,53,600 as compensation. The Karnataka High Court r…
RAJ TRANSPORT CO. PVT. LTD., AMRITSARversusSTATE TRANSPORT APPELLATE TRIBUNAL PB. & ORS.
2010 INSC 79419 November 2010Dismissed
The State Transport Commissioner invited applications for four stage‑carriage permits on the Samana‑Amritsar route. Two permits were granted to the Pepsu Road Transport Corporation (PRTC) and the remaining two were withheld. The appellants filed appeals, which were pending when the Motor Vehicles Act, 1939 was repealed…
K. SURESHversusNEW INDIA ASSURANCE CO. LTD. AND ANR
2012 INSC 49019 October 2012Case Partly allowed
K. Suresh was injured in a motor vehicle accident and the Motor Accident Claims Tribunal awarded Rs.25,00,000 in various heads including permanent disability and loss of earning capacity. The Madras High Court reduced the award to Rs.9,78,000, deleting the permanent disability component and lowering other heads, reason…
TEJINDER SINGH GUJRALversusINDERJIT SINGH AND ANR.
2006 INSC 72919 October 2006Dismissed
HARDEV MOTOR TRANSPORTversusSTATE OF M.P. AND ORS.
2006 INSC 74219 October 2006Appeal(s) allowed
Hardey Motor Transport, a holder of contract‑carriage permits, was alleged to be using its buses as stage‑carriage vehicles. The vehicles were detained and the State demanded duty as if the buses were being plied without any permit, even though the appellants had already paid tax at the higher rate applicable to contra…
SUSHMAversusNITIN GANAPATI RANGOLE & ORS.
2024 INSC 70619 September 2024Disposed off
In 2013 a car collided with a 14‑wheeler that had been abandoned in the middle of a highway without any warning lights or markers, killing the car's driver and three passengers while one passenger, Smt. Sushma, survived with injuries. The claimants filed compensation claims under the Motor Vehicles Act against the owne…
ORIENTAL INSURANCE CO. LTD.versusSONY CHERIAYAN
1999 INSC 34419 August 1999Appeal(s) allowed
The appellant insurer issued a policy that covered only goods permissible under the Motor Vehicles Act, 1988. The respondent was transporting 15 barrels of ether solvent, which the Court held to be synonymous with ethyl ether, a hazardous substance listed in Table III of Rule 137, Central Motor Vehicles Rules, 1989. Th…
VISHAL ASHOK THORAT AND ORS.versusRAJESH SHRIRAMBAPU FATE & ORS.
2019 INSC 78119 July 2019Case Allowed
The Supreme Court examined a challenge to the recruitment of Assistant Inspectors of Motor Vehicles (Group‑C) in Maharashtra, where a petitioner who had never applied for the post sought to quash the 2016 recruitment Rules, the advertisements of 2017 and the select list of 832 candidates. The High Court had allowed the…
MANIYAR ILIYAZ @ SHAIK RIYAZ & ANR.versusP. AYYAPPAN & ORS.
2026 INSC 64719 June 2026Disposed off
The appellant, a father, lost his five‑year‑old son when a tanker struck the boy as they walked to school on a road that had no footpath or pedestrian crossing. The father filed a claim for Rs 25,00,000 before the Motor Accident Claims Tribunal, which awarded Rs 7,82,000 with interest; the High Court later reduced the …
GENERAL INSURANCE COUNCIL AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.
2010 INSC 22519 April 2010Disposed off
The General Insurance Council and several insurers filed a writ petition under Article 32 of the Constitution alleging that police and other agencies were not complying with Supreme Court directions concerning the disposal of vehicles seized in criminal investigations. They contended that non‑compliance of Sections 451…
SUNITA & ORS.versusVINOD SINGH & ORS.
2025 INSC 36619 March 2025Appeal(s) allowed
The appellants, the family of Smt. Tarawati who was killed by a negligent truck driver, challenged the compensation awarded by the Motor Accident Claims Tribunal and enhanced by the High Court under the Motor Vehicles Act, 1988. They contended that the deceased's age was incorrectly taken as 60 years, that her monthly …
N. SURESHversusYUSUF SHARIFF & ANR.
2012 INSC 13819 March 2012Appeal(s) allowed
The appellant, N. Suresh, was severely injured in a motor accident caused by the rash driving of a lorry, resulting in 90% permanent disability of his right leg and 50-60% facial disability. He claimed compensation under Section 166 of the Motor Vehicles Act, 1988, asserting a monthly income of over Rs.8,000 prior to t…