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Motor Vehicles Act, 1988

827 judgments · newest first · showing 1–200

ALKABAI ATMARAM JOSHI AND ORSversusVIJAY BUDHO KOLI AND ANR

Admitted/Allowed/Granted/Rule Absolute

The applicants, the widow, mother and three minor children of a deceased road‑traffic victim, filed a civil application seeking condonation of a 479‑day delay in filing a first appeal under Section 173 of the Motor Vehicles Act, 1988, to obtain enhanced compensation. Respondent No.1, the owner of …

KASTURABAI RAJARAM PATIL AND ORSversusSANJAY VISHWANATH PATIL AND ANR

DISMISSED

The heirs of Rajaram Patil filed a claim under Section 163A of the Motor Vehicles Act for loss of income after his death in a road accident, seeking Rs.5,50,000. The Motor Accident Claims Tribunal awarded Rs.3,67,000 and directed joint payment by the tractor owner and insurer. The appellants …

UNITED INDIA INSURANCE CO. LTD.versusLEELABAI GANGADHAR NARWADE AND ORS

DISMISSED

The legal heirs of the deceased Gangadhar filed a death claim under Section 166 of the Motor Vehicles Act, alleging that a tractor collided with his motorcycle, causing fatal injuries. The Motor Accident Claims Tribunal held United India Insurance Co. Ltd. jointly and severally liable with the owner …

ARJUN RUSHUMRAO MULEversusTHE STATE OF MAHARASHTRA

APPLICATION ALLOWED

Arjun Mule was convicted under IPC sections 279 and 337 and several provisions of the Motor Vehicles Act for an accident in which his auto‑rickshaw allegedly had a bicycle tied to its rear, causing a collision with a motorcycle. He appealed, obtaining a partial acquittal, but the remaining …

RUKAYYABI MOHAMMAD IQBAL AND ORSversusGULAB MOTIRAM BADGUJAR AND OTHERS

PARTLY ALLOWED AND PARTLY DISMISSED

The deceased was killed on 28‑02‑2009 when his rickshaw was struck by a tractor with an attached trolley. The mother, widow and children of the deceased claimed compensation under Sections 166 and 140 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 6,20,000 and …

SHRAWAN BHAGWAN SONAWANEversusMUKESH ATMARAM JADHAV AND ANR

PARTLY ALLOWED AND PARTLY DISMISSED

The appellant, Shrawan Bhagwan Sonawane, was injured as a pillion rider in a road accident on 27 September 2002 caused by a vehicle owned by Mukesh Atmaram Jadhav and insured by The National Insurance Co. Ltd. The Motor Accident Claims Tribunal awarded him a total compensation of Rs.1,73,800, …

SAMPADA GUNWANT SURYAWANSHIversusGANGADHAR BALAJI MUNDHE AND OTHERS

PARTLY ALLOWED AND PARTLY DISMISSED

The appellant, deceased Sampada Gunwant Suryawanshi, suffered injuries in a motor vehicle accident caused by a vehicle owned by Respondent No.2, driven by Respondent No.1 and insured by Respondent No.3. The Motor Accident Claims Tribunal awarded Rs.2,00,000 in compensation, although it found the …

SUNANDABAI GULABRAO SANER PATIL AND ANRversusRAJENDRA BHASKARRAO VABHANDIK AND ANR

Admitted/Allowed/Granted/Rule Absolute

The appellants, wife and son of the deceased teacher Gulabrao Saner, appealed against the Motor Accident Claims Tribunal’s award of Rs 14,32,756 for a fatal road accident on 14 July 2009. They argued that the Tribunal erred by applying the split‑multiplier method, by deducting 20% income‑tax from …

RUKAYYABI MOHAMMAD IQBAL AND ORSversusGULAB MOTIRAM BADGUJAR AND ORS

PARTLY ALLOWED AND PARTLY DISMISSED

The claimants, the family of a deceased mason, sought compensation under Sections 140 and 166 of the Motor Vehicles Act after the deceased was killed when a rickshaw collided with a tractor towing a trolley. The Motor Accident Claim Tribunal held the tractor and trolley owners jointly liable for …

GULAB MOTIRAM BADGUJAR AND ANRversusRUKAYYABI MOHAMMAD IQBAL AND ORS

PARTLY ALLOWED AND PARTLY DISMISSED

The claimants, family members of a deceased rickshaw passenger, sought compensation under Sections 166 and 140 of the Motor Vehicles Act for a fatal collision involving a tractor and a trolley. The Motor Accident Claims Tribunal held the tractor and trolley owners jointly liable for Rs.6,20,000 but …

KALU BABASAHEB MUNJALversusTHE STATE OF MAHARASHTRA AND ANOTHER

APPLICATION ALLOWED

The applicant, owner of a tractor seized by police after his son allegedly used it to run over two officials during a sand‑theft investigation, filed a criminal revision under CrPC s. 397 challenging the Additional Sessions Judge’s refusal to grant interim custody of the vehicle under BNSS s. 501. …

MANGAL SANJAY DHADGE AND ORSversusSACHIN VITTHAL SADAVARTE AND ORS

Admitted/Allowed/Granted/Rule Absolute

The original claimants in Motor Accident Claim Petition No.740 of 2011 sought condonation of a 60‑day delay in filing a first appeal under Section 173 of the Motor Vehicles Act, 1988, citing lack of funds. The High Court allowed the condonation and registered the appeal. The sole issue before the …

ARVIND COUTINHOversusSTATE OF GOA THR. THE PUBLIC PROSECUTOR AND 2 ORS.

Allowed

Arvind Coutinho filed a writ petition seeking the quashing of FIR No.84/2025 and Charge‑sheet No.33/2026 filed by the Margao Police Station on a complaint by his neighbour, Keagan Cardoz. The FIR alleged offences under Sections 281 and 125(a) of the Bharatiya Nyaya Sanhita, 2023 and Section …

SADASHIV RAMCHANDRA KUDTARKARversusDINESH PANDURANG SHERE AND ANR.

Abated

The appeal arose from a Motor Accidents Claims Tribunal award of Rs.2,50,000 with 9% interest to the claimant. The tribunal had also allowed the second respondent to recover the amount from the first appellant under Section 174 of the Motor Vehicles Act, 1988. The appellant, Sadashiv Ramchandra …

SHRI LALBAHADUR RAM SIROMAN SINGversusSHRI PANESAR M. SINGH AND ANR

Disposed Off

The appellant, an auto‑rickshaw driver, was injured on 1 April 1990 when a car owned by the insured collided with his vehicle. He suffered a 22% partial permanent disability and his pre‑accident earnings of Rs 6,000 per month fell to Rs 1,500 per month as a hawker. The Motor Accident Claims Tribunal …

RUSHIKESH BALASAHEB JODHversusSTATE OF MAHARASHTRA

Allowed

The Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by a 19‑year‑old college student accused of causing a fatal road accident while allegedly intoxicated. The applicant was charged under Sections 105, 125(b), 281 of the Bharatiya Nyaya …

THE NEW INDIA ASSURANCE CO. LTD.versusMRS. DOLLY SATISH GANDHI

Allowed To be withdrawn

The New India Assurance Company appealed against a MACT Tribunal order that awarded the claimant, Mrs. Dolly Satish Gandhi, a total compensation of Rs.9,90,000 under the Motor Vehicles Act, 1988, while the insurer had already paid Rs.4,27,500 under a mediclaim policy. The central issue was whether …

PRATAP @PRATAPSING DAINGADEversusTHE STATE OF MAHARASHTRA

Allowed

The High Court considered an application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, filed by Pratap @ Pratapsinh Bharatrao Daingade, who had been incarcerated for over nine months for a motor‑vehicle accident that resulted in the death of a valet. He was …

UNITED INDIA INSURANCE CO.LTD.versusASHOK MAHADEO KALASKAR AND ORS.

Disposed Off

The appellant United India Insurance Co. appealed against a tribunal award granting compensation to the brother of the deceased, Mr. Rangarao, who died in a motor vehicle accident. The appellant argued that the brother was not a dependent and that the tribunal erred in calculating the deceased's …

UNITED INDIA INSURANCE CO.LTD.versusASHOK MAHADEO KALASKAR AND ORS.

Dismissed

The appellant United India Insurance Company appealed against a compensation award granted to the brother of the deceased motor accident victim, Mr. Rangarao, under the Motor Vehicles Act, 1988. The Tribunal had treated the brother as a dependent and calculated loss of dependency at 50% of the …

RAJRISHI RAJBINDRASINGH BINDAWATversusTHE STATE OF MAHARASHTRA

Disposed Off

The applicant, a driver, allowed a drunken passenger (A3) to drive a car which resulted in a fatal accident, killing the passenger's wife. He was charged under multiple sections of the Bharatiya Nyaya Sanhita, Motor Vehicles Act, Central Motor Vehicle Rules and Motor Vehicle Driving Rules, including …

VINOD PARASNATH SINGHversusSTATE OF MAHARASHTRA

Disposed Off

The applicant, Vinod Parasnath Singh, sought bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant and his companion at his dhaba, including beating, belt assault, stick assault, and dousing the victim with petrol. The prosecution …

RAHUL CHANDRAKANT KARANDEversusSTATE OF MAHARASHTRA AND ANR

Disposed Off

The appellant, Rahul Chandrakant Karande, was convicted by a Sessions Court of offences under Sections 353, 332 and 504 of the Indian Penal Code and Sections 122 and 177 of the Motor Vehicles Act, receiving a two‑year rigorous imprisonment and fines. He filed an interim application seeking …

VIKASH SURESHCHANDRA PATHAKversusThe THE UNION TERRITORY OF DNH DAMAN AND DIU

Disposed Off

Vikash Sureshchandra Pathak was convicted under IPC sections 304(II) and 308, and Motor Vehicles Act section 185, and sentenced to seven years' rigorous imprisonment. He has been in custody since July 2022 and has served over four years. The appellant sought suspension of the sentence and …

NITIN VASANT JADHAVversusSTATE OF MAHARASHTRA

Allowed

The High Court considered an application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, filed by Nitin Vasant Jadhav, who is charged with causing a fatal road accident under multiple provisions of the Bharatiya Nyaya Sanhita, 2023 and the Motor Vehicles Act, …

M/S KANCHAN AUTOMOBILESversusSMT. RITA KUSHWAHA AND OTHERS

The appellant Kanchan Automobiles appealed against a Motor Accident Claims Tribunal award that held it liable to pay Rs.2,71,150 as compensation for injuries sustained by the claimant Rita Kushwaha in a tractor accident on 23.08.2006. The appellant argued that the tractor had already been sold to …

BAJAJ GENERAL INSURANCE COMPANY LTDversusPRADIP RAMCHANDRA KHARAT AND ORS

Dismissed

The claimants filed a claim for compensation under the Motor Vehicles Act, 1988 for the death of Mrs. Shobha Pradip Kharat in a 2022 road accident involving a vehicle allegedly insured with Bajaj General Insurance. The insurer denied liability and applied to the Motor Accident Claims Tribunal (MACT) …

RAHUL ASHOK KUMAR AJMANIversusSTATE OF MAHARASHTRA AND ANR

Disposed Off

The petition arose from a motor car accident that led to FIR No. 96 of 2026 being lodged under the Bharatiya Nagarik Suraksha Sanhita (BNSS) for offences under sections 281, 125 and 324(4) of the BNSS and sections 184, 185 of the Motor Vehicles Act. Both the petitioner, Rahul Ajmani, and the …

VIJAYENDRA GIRISH SHASTRIversusTHE STATE OF MAHARASHTRA AND ORS

Disposed Off

The petitioner sought quashing of criminal proceedings (S.C.C. No.13465 of 2026) arising from FIR No.0523/2025 for offences under the Bharatiya Nyaya Sanhita and the Motor Vehicles Act. The parties had resolved the underlying motor‑accident dispute through a settlement dated 23 June 2026, with full …

SUMIT SUNIL JADHAVversusTHE STATE OF MAHARASHTRA

Disposed Off

The appellant, Sumit Sunil Jadhav, was convicted by the Sessions Court for offences under Sections 279, 304(A) and 337 of the IPC and Sections 184 and 187 of the Motor Vehicles Act, receiving six months’ rigorous imprisonment and a fine of Rs.1,000. He filed an interim application seeking suspension …

KARNATAKA POWER TRANSMISSION CORPORATION LIMITEDversusREKHA & ORS

2026 INSC 847Appeal(s) allowed

The case arose from the death of N. Subramanya by electrocution and a similar injury to Muizz Ahmad Shariff, leading the victims' families to file writ petitions under Article 226 seeking compensation from Karnataka Power Transmission Corporation Limited (KPTC). The High Court had entertained the …

NATIONAL INSURANCE CO. LTD.versusSMT. THUNGALA DHANA LAXMI & ORS.

2026 INSC 793

The appeal arose from a motor accident in which the deceased, Mr. T. Ramu, was killed when his car was rear‑ended by a lorry; his legal representatives claimed compensation from National Insurance Co. Ltd., the insurer of the vehicle. The High Court had held that the policy was a comprehensive one …

CHAVDA BHARATBHAI DEVABHAIversusSTATE OF GUJARAT

38-RULE ABSOLUTE/ALLOWED @ FH

The petitioner, Chavda Bharatbhai Devabhai, the owner of livestock, was charged under multiple statutes for transporting seven cows without a veterinary certificate and in a cruel manner. He filed an application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 after …

UNION OF INDIA and ANR.versusHEMANGI SATISH GUMASTE and ORS.

Disposed Off

On 23 June 1992 a military wagon collided with the scooter of the deceased, Satish Gumaste, who later died. The claimants – his parents, widow and daughter – sought compensation under the Motor Vehicles Act, 1988 and the Motor Accident Claims Tribunal awarded Rs 6,28,860 with 9% interest, denying …

BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD.versusBALARAM KANHA VALVI AND ORS.

Dismissed

The appellant, Bajaj Allianz General Insurance Co. Ltd., appealed an order of the Motor Accident Claims Tribunal, Thane, under Section 140 of the Motor Vehicles Act, 1988. The appellant argued that a prior judgment of this Court (First Appeal (St) No. 6515 of 2024) decided a similar controversy, …

THE ORIENTAL INSURANCE COMPANY LIMITEDversusKALU RAM AND OTHERS

2026 INSC 653

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, …

THE NEW INDIA ASSURANCE CO.LTD.versusSUNITA ANIL POL AND ORS.

Dismissed

An application was filed seeking restoration of an appeal that had been dismissed for failure to remove an objection. The appeal concerned an order passed under Section 140 of the Motor Vehicles Act, 1988. The applicant argued that the delay in filing the restoration application should be condoned. …

MANIYAR ILIYAZ @ SHAIK RIYAZ & ANR.versusP. AYYAPPAN & ORS.

2026 INSC 647Disposed 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 …

THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKEversusK.K. UMESH KUMAR & ORS.

2026 INSC 637Disposed off

The appellant, the Commissioner of Bruhat Bangalore Mahanagara Palike, was sued for injuries suffered by a passenger when a branch from a roadside tree fell on a stationary auto‑rickshaw during heavy rain. The passenger filed a claim under the Motor Vehicles Act, 1988, seeking compensation, which …

MOHSINKHAN BISMILLAHKHAN BIHARIversusSTATE OF GUJARAT

59-RULE ISSUED & RULE DISCHARGED/DISMISSED@FH

The petitioner, Mohsinkhan Bismillahkhan Bihari, filed a Special Civil Application under Article 226 of the Constitution seeking a writ directing the State Transport Department to consider his pending application for a State/National permit and fitness certificate for his truck (GJ‑08‑AW‑3494). The …

VIRENDRA KUMAR VERMA AND ANOTHERversusPASHUPATI YADAV YADAV AND OTHERS

The appellant filed a claim petition for compensation after the death of a person in a road accident that occurred on 26.05.2008 at Sivan Bypass Road, Bihar. The petition was filed in Deoria, Uttar Pradesh, on the ground that the claimants were working for gain there. The Claims Tribunal dismissed …

BiharversusSuresh Sah

DISMISSED

The petitioner Suresh Sah sought compensation for the death of his son in a hit‑and‑run accident on 21 March 2022. He claimed entitlement to an ex‑gratia amount of Rs 5 lakh under the Bihar Motor Vehicle (Amendment‑1) Rules, 2021 (Notification No. 11‑08‑2021), which was in force at the time of the …

NATIONAL INSURANCE COMPANY LTD.versusLEGAL HEIRS OF DECD. HITESH POKIYA

44-PARTLY ALLOWED @ FH

The case arose from a road accident on 1 November 2003 involving a heavy‑goods‑vehicle dumper whose driver held only a Light Motor Vehicle (LMV) licence and not a licence for transport vehicles. The deceased, aged 19, died and his parents filed a claim under Section 166 of the Motor Vehicles Act, …

THE NEW INDIA ASSURANCE CO. LTD.versusDHARMENDRA SHYAMLAL GUPTA AND ANR

Disposed Off

The appellant, New India Assurance Co. Ltd., appealed a Motor Accident Claims Tribunal award of Rs.86,000 to the claimant, a vegetable vendor who was injured in a 2005 road accident while transporting his own goods. The insurer argued that the claimant was a gratuitous passenger and thus ineligible …

Raj KumarversusThe State of Bihar

DISPOSED

Petitioners Avanish Kumar and Raj Kumar filed writ petitions challenging the Bihar Motor Vehicles Accident Claim Tribunal (Constitution and Service Conditions) Rules, 2023 and the amended Rules, 2024, alleging they were illegal, arbitrary, beyond the jurisdiction of the State and ultra vires Section …

Avanish KumarversusThe State of Bihar

DISPOSED

Petitioners Avanish Kumar and Raj Kumar filed writ petitions challenging the Bihar Motor Vehicles Accident Claim Tribunal (Constitution and Service Conditions) Rules, 2023 and the amended Rules, 2024, alleging they were illegal, arbitrary, beyond the jurisdiction of the State and ultra vires Section …

SUMAN SIYARAM PARIKversusDIGUMBAR LAXMAN TAWARE AND ORS.

Disposed Off

The appellant challenged a Motor Accident Claims Tribunal (MACT) order that rejected a claim under Section 163A of the Motor Vehicles Act, 1988 on the ground that the deceased was at fault. The Supreme Court’s decision in United India Insurance Co. Ltd. v. Sunil Kumar (2019) clarified that …

R. HALLEversusRELIANCE GENERAL INSURANCE COMPANY LIMITED

2026 INSC 260Appeal(s) allowed

The appellant R. Halle, a 30‑year‑old manager, suffered grievous injuries including head injury, facial injuries and a left femur fracture in a head‑on collision with a motorcycle driven by R. Chinnadurhi. The Motor Accidents Claims Tribunal (MACT) certified a permanent physical disability of 63% …

RACHANA GANGU & ANR.versusUNION OF INDIA & ORS.

2026 INSC 218Disposed off

The petitioners, parents of individuals who died after receiving COVID‑19 vaccines, filed a writ petition under Article 32 seeking an independent medical board, protocols for early detection of adverse events and compensation. Similar petitions were filed in the Kerala High Court, which directed the …

THE ORIENTAL INSURANCE COMPANY LIMITEDversusSENMA HIRABHAI WD/O PASHABHAI

39-RULE DISCHARGED/DISMISSED @ FH

The Oriental Insurance Company Limited filed a first appeal under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.4,06,000 to the victims of a road accident. The Tribunal's award was challenged on grounds not specified in the appeal. The High Court …

THE ORIENTAL GENERAL INSURANCE CO. LTD.versusRUTVIKUMAR JAYANTILAL DABGAR

39-RULE DISCHARGED/DISMISSED @ FH

The Oriental General Insurance Co. Ltd. filed a first appeal under section 173 of the Motor Vehicles Act, 1988, challenging a Motor Accident Claims Tribunal award of Rs.5,00,000 to the road accident victim. The High Court examined the appeal and noted that the compensation amount was modest. It …

SEJALBEN RAJESHBHAI TIMBADIUA (TIMBADIYA)versusMURLIDHAR GAS AGENCY

44-PARTLY ALLOWED @ FH

On 18 April 2019 a truck driver collided with a motorcyclist, killing the latter. The Motor Accident Claims Tribunal held the truck driver 60% negligent and the deceased motorcyclist 40% negligent, awarding Rs.31,66,032 to the heirs after a 40% deduction. The insurer appealed, arguing that the truck …

THE NEW INDIA ASSURANCE COMPANY LTDversusSEJALBEN RAJESHBHAI TIMBADIYA

39-RULE DISCHARGED/DISMISSED @ FH

On 18 April 2019 a truck driver collided with a motorcyclist, killing the latter. The Motor Accident Claims Tribunal held the truck driver 60% negligent and the deceased motorcyclist 40% negligent, awarding Rs.31,66,032 to the heirs after a 40% deduction. The insurer appealed, arguing that the truck …

THE MAGMA HDI GENERAL INSURANCE COMPANY CALCUTTAversusRAJOBAI LALPATI SAKVAR

39-RULE DISCHARGED/DISMISSED @ FH

The High Court of Gujarat considered four First Appeals filed under section 173 of the Motor Vehicles Act, 1988 by Tata AIG General Insurance Co. Ltd. against awards granted in motor accident claim petitions ranging from Rs. 1,61,050 to Rs. 5,00,000. The court observed that the amounts involved were …

TATA AIG GENERAL INSURANCE CO. LTD.versusRAJENDRAKUMAR VIKRAMSINH RAOLAJI

39-RULE DISCHARGED/DISMISSED @ FH

The High Court of Gujarat considered four First Appeals filed under section 173 of the Motor Vehicles Act, 1988 by Tata AIG General Insurance Co. Ltd. against awards granted in motor accident claim petitions ranging from Rs. 1,61,050 to Rs. 5,00,000. The court observed that the amounts involved were …

THE ORIENTAL INSURANCE CO LTDversusTULSIBEN SHAILESHBHAI VALAND

39-RULE DISCHARGED/DISMISSED @ FH

The Oriental Insurance Co. Ltd filed a First Appeal under section 173 of the Motor Vehicles Act, 1988, challenging a Motor Accident Claims Tribunal award of Rs.3,37,500 to the road‑accident victim. The High Court examined the appeal but, noting the modest quantum of the award, decided to dispose of …

ICICI LOMBARD GENERAL INSURANCE CO. LTD.versusJUGAJI GOBARJI THAKOR

39-RULE DISCHARGED/DISMISSED @ FH

The case is a first appeal by ICICI Lombard General Insurance Co. Ltd. under section 173 of the Motor Vehicles Act, 1988, challenging a compensation award of Rs.4,57,833 granted by the Motor Accident Claims Tribunal to the victims of a road accident. The High Court examined the appeal but noted that …

RENUKABEN DWARKADAS PATEL MOTHERversusSHWETANG NARESHKUMAR PATEL

44-PARTLY ALLOWED @ FH

The appellants, mother and brother of the deceased, appealed a Motor Accident Claims Tribunal award under Section 173 of the Motor Vehicles Act, 1988, alleging the Tribunal erred in assessing the deceased's monthly income. The Tribunal had taken a lower income figure of Rs.8,500 per month, whereas …

CHOLAMANDALAM MS GENERAL INSURANCE CO LTDversusTHAKOR TALAJI LAGHDHIRJI

47-DISPOSAL IN ANY OTHER MODE FH

The insurance company filed a First Appeal under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claim Tribunal award of Rs.3,56,000 to the road‑accident victim. The High Court examined the appeal but, noting the modest quantum of compensation, chose to dispose of the appeal …

SURESHBHAI BHERURAM JAINversusCHAMPAKLAL MOTILAL JAT

46-ANY OTHER MODE @ FH

The High Court of Gujarat disposed of four first appeals filed under Section 173 of the Motor Vehicles Act, 1988, concerning compensation awards of Rs. 4,50,312; Rs. 3,11,600; Rs. 5,00,000; and Rs. 3,42,000. The court observed that the amounts were small and the awards appeared just and reasonable, …

THE UNITED INDIA INSURANCE CO. LTD.versusVIKRAMBHAI BHAYJIBHAI BARIA

39-RULE DISCHARGED/DISMISSED @ FH

The United India Insurance Co. Ltd. filed a first appeal under section 173 of the Motor Vehicles Act, 1988, challenging a Motor Accident Claims Tribunal award of Rs.4,70,000 to the road‑accident victim. The High Court examined the appeal and noted that the amount involved was modest. It held that …

MAHENDRASINH LAZMANSINH CHAUHANversusYOGESHBHAI SOMNATHBHAI AHIRE

RULE ISSUED AND PARTLY ALLOWED

The appellants filed a first appeal under Section 173 of the Motor Vehicles Act, 1988 against the award of the Motor Accident Claims Tribunal dated 17‑03‑2022, which had granted modest compensation for the death of a 14‑year‑old child in a road accident on 23‑10‑2012. The appellants contended that …

GUJARAT STATE ROAD TRANSPORT CORPORATIONversusVIRENDRABHAI RAMESHBHAI GAMIT

26-DISMISSED @ ADM.STAGE

The Gujarat State Road Transport Corporation (the insurer) filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging a Motor Accident Claims Tribunal award of Rs.1,56,960 to a road‑accident victim. The High Court examined the appeal and, noting the modest quantum of the …

SMT. DHARMISHTA SANAT GANDHI AND ORS.versusDEPUTY COMMISSIONER OF POLICE,

Partly Allowed

The appellants, the legal heirs of a deceased motorist killed in a 2023 road accident, appealed a Motor Vehicles Tribunal award that granted Rs.13,76,800 as compensation. They argued that the tribunal erred by using only Rs.1,80,000 per annum (10‑15% of the deceased's claimed income of Rs.9,00,000) …

BAJAJ ALLIANZ GENERAL INS CO LTDversusSANJAY TULSIDAS BHATTER

39-RULE DISCHARGED/DISMISSED @ FH

The High Court considered an appeal by Bajaj Allianz General Insurance Company against a Motor Accident Claims Tribunal award that held the insurer liable for the death of minor Mehul Patel in a January 2014 road accident. The appellant argued that the vehicle bearing registration GJ‑05‑CK‑6509 was …

ORIENTAL INSURANCE COMPANY LIMITEDversusYUNUS MAHAMMAD YUSUF MAKRANI

39-RULE DISCHARGED/DISMISSED @ FH

On 18 September 2016 a tractor‑trolley collision in Alirajpur resulted in the death of driver Mohammad Zafar Makrani. Oriental Insurance Company paid compensation to the deceased’s heirs following a Motor Accident Claims Tribunal award. The insurer appealed, arguing that the registration numbers of …

MISHRABEN CHAMPAKBHAI LODHAversusPREMANAYADO KALKUNAYADO SIKLOR

44-PARTLY ALLOWED @ FH

The appellants, legal heirs of the deceased Champakbhai, appealed a Motor Accident Claims Tribunal award of Rs 8,22,000 under Section 173 of the Motor Vehicles Act, 1988, alleging that the compensation for loss of consortium, loss of estate and funeral expenses was inadequately assessed. The …

BHANUCHANDRA MANILAL SHAHversusGAGANSINH TARASINH GURKHA

47-DISPOSAL IN ANY OTHER MODE FH

The appellant, Bhanuchandra Manilal Shah, was injured when a state transport bus, driven at excessive speed, struck his left leg at a bus stand on 30 September 2010. He filed a claim petition for compensation before the Motor Accident Claims Tribunal (Aux.), Sabarkantha, which dismissed the claim on …

GOPALBHAI VISABHAI THAKOR FATHER OF DECDversusMAHAVIR GURJAR

44-PARTLY ALLOWED @ FH

The appellants, legal heirs of a 17‑year‑old deceased who was fatally injured in a motor accident on 1 January 2022, appealed the Motor Accident Claims Tribunal's award of Rs 9,37,200 under Section 173 of the Motor Vehicles Act, 1988, contending that the quantum of compensation was insufficient. The …

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.versusRAJANIBHAI BHARATBHAI CHAVDA

39-RULE DISCHARGED/DISMISSED @ FH

The High Court of Gujarat disposed of a group of first appeals filed by Go Digit General Insurance Co. Ltd. under section 173 of the Motor Vehicles Act, 1988, challenging compensation awards in several motor‑accident claim petitions ranging from about Rs 4.01 lakh to Rs 4.92 lakh. The Court observed …

THE NEW INDIA ASSURANCE COMPANY LTD.versusVALJIBHAI PARSHOTTAMBHAI JHOLAPARA

39-RULE DISCHARGED/DISMISSED @ FH

The New India Assurance Company Ltd. filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal (Special) award of Rs.4,86,500 to the road‑accident victim. The High Court examined the appeal and noted that the compensation amount was modest. It …

ICICI LOMBARD GENERAL INSURANCE CO. LTD.versusRAJUBHAI KESUBHAI ABSANIYA

39-RULE DISCHARGED/DISMISSED @ FH

The High Court of Gujarat disposed of several first appeals filed by Go Digit General Insurance Co. Ltd. under section 173 of the Motor Vehicles Act, 1988, concerning compensation awards ranging from Rs. 4.01 lakh to Rs. 4.92 lakh. The court observed that the amounts were small and deemed the awards …

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED RAJKOTversusPRADIP THAVARDAS MADHVANI

39-RULE DISCHARGED/DISMISSED @ FH

The case concerns three first appeals filed by Bajaj Alliance General Insurance Company Ltd under section 173 of the Motor Vehicles Act, 1988 challenging compensation awards of Rs.5,00,000, Rs.4,03,000 and Rs.4,53,000 in motor accident claim petitions. The appellants contended that the awards were …

VALLABHBHAI KARSHANBHAI GODAVARIYAversusJENTIBHAI TAPUBHAI KAPADIYA

44-PARTLY ALLOWED @ FH

The appellant, Vallabhbhai Godavariya, was injured in a 2016 motor accident and claimed compensation before the Motor Accident Claims Tribunal, which awarded Rs.3,58,400. He appealed under Section 173 of the Motor Vehicles Act, 1988, contending that the Tribunal failed to consider future loss of …

ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITEDversusILABEN DHIRAJKUMAR PARMAR (WIFE)

39-RULE DISCHARGED/DISMISSED @ FH

The ICICI Lombard General Insurance Company appealed under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.4,63,333 to the road‑accident victim. The High Court examined the appeal but noted that the amount involved was modest. It held that the award …

THE ORIENTAL INSURANCE COMPANY LTD.versusSAVILAL KHATRABHAI CHAUDHARI

39-RULE DISCHARGED/DISMISSED @ FH

The Oriental Insurance Company Ltd. filed a first appeal under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs. 4,86,600 to the victims of a road accident. The High Court examined the appeal and noted that the amount in dispute was relatively small. …

UNITED INSURANCE CO. LTD.versusDAYALBHAI DAHYABHAI PATEL

39-RULE DISCHARGED/DISMISSED @ FH

The United Insurance Co. Ltd. filed a First Appeal under section 173 of the Motor Vehicles Act, 1988, challenging a Motor Accident Claims Tribunal award of Rs.4,00,000 to the victims of a road accident. The High Court examined the appeal but, noting the modest quantum of the award, decided to …

ZALA RANJANBEN NILAYBHAIversusJAYESHKUMAR HARMANBHAI PATHIYAR

44-PARTLY ALLOWED @ FH

The appellants, heirs of a deceased scooterist, appealed a Motor Accident Claims Tribunal award that held the scooterist 20% contributory negligent and the driver of a Maruti Eeco 80% negligent, awarding Rs 12,40,532 after deduction. The High Court examined the evidentiary basis, noting the …

THE ORIENTAL INSURANCE CO LTDversusCHIRAGBHAI PARSOTTAMBHAI PATANI

39-RULE DISCHARGED/DISMISSED @ FH

The Oriental Insurance Co Ltd appealed under Section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award, arguing that the compensation amount was less than Rs.1,00,000. The Court noted the small quantum of the award and, after hearing counsel, dismissed the appeals …

NARESHKUMAR LAXMANBHAI PANCHALversusJAYKISHAN CHANDUBHAI CHAUHAN

44-PARTLY ALLOWED @ FH

The appellant, a pillion rider injured in a road accident on 08‑09‑2016, filed a motor accident claim seeking compensation. The Motor Accident Claims Tribunal assessed his monthly income at Rs 5,000, disability at 30% and awarded a total of Rs 3,63,025. The appellant appealed under Section 173 of …

JENBEN JOSEPHBHAI MECWANversusVINUBHAI ISHWARBHAI PARMAR

44-PARTLY ALLOWED @ FH

The appellants filed two first appeals arising from the same 2015 road accident in which a dumper collided with a TVS scooter, causing serious injuries to Rajeshbhai Macwan and death of his brother. In Appeal No.1439/2022 the injured appellant challenged the Tribunal's assessment of his monthly …

RELIANCE GENERAL INSURANCE CO LTDversusKIRANBEN RAJESHBHAI ALIAS RAJUBHAI THUMMAR

39-RULE DISCHARGED/DISMISSED @ FH

The appellant Reliance General Insurance Co. Ltd appealed a Motor Accident Claims Tribunal award of Rs.39,80,000 to the heirs of a deceased motorcyclist, alleging that the Tribunal failed to consider the deceased's contributory negligence for not wearing a helmet and that the compensation was …

RAVINDRA MADHUBHAI PARMARversusDIPAKSINH KALUSINH

44-PARTLY ALLOWED @ FH

The appellant, a pillion rider injured in a 2012 road accident caused by a negligent jeep driver, claimed Rs.4 lakh. The Motor Accident Claims Tribunal awarded only Rs.1,65,019, excluding future loss of income because the claimant’s post‑accident earnings had risen. The appellant argued that …

RAJESHBHAI ALIAS IGNASBHAI FRANCISBHAI MECWANversusVINUBHAI ISHWARBHAI PARMAR

39-RULE DISCHARGED/DISMISSED @ FH

The case involved two appeals arising from the same 2015 road accident. In First Appeal No.1439, the injured appellant sought enhancement of compensation alleging errors in income assessment, negligence attribution and future loss of earnings. The High Court found the Tribunal’s assessment of his …

ORIENTAL INSURANCE CO LTDversusJAYKUMAR BHUPENDRAKUMAR JOSHI

39-RULE DISCHARGED/DISMISSED @ FH

The Oriental Insurance Co. Ltd. filed a First Appeal under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.4,93,680 to the road‑accident victim. The High Court noted that the quantum of compensation was modest. It held that, because the amount was …

ORIENTAL INSURANCE CO LTDversusMINOR SHYAMKUMAR RAJUBHAI RAVAL

47-DISPOSAL IN ANY OTHER MODE FH

The Oriental Insurance Company appealed under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claim Tribunal award of Rs.3,01,370 to the victims of a road accident. The High Court examined the appeal and, noting the modest quantum of the award, concluded that the compensation …

Arun VishwakarmaversusThe State of Bihar

DISPOSED

Arun Vishwakarma, a physically handicapped accident victim, filed a writ petition seeking certiorari to quash certain letters and a draft notification issued by the Bihar Transport Department and mandamus directing the State to create Accident Claims Tribunals in every district under Section 165 of …

SHRI RAM GENERAL INSURANCE COMPANY LIMITEDversusAFAJAL SIRAJUDDIN ANSARI

39-RULE DISCHARGED/DISMISSED @ FH

The appellant, Shri Ram General Insurance Company Ltd., filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging a Motor Accident Claim Tribunal award of Rs.3,16,470 to the road‑accident victim. The High Court examined the appeal and noted that the quantum of compensation …

THE NEW INDIA ASSURANCE COMPANY LIMITEDversusBHANUBEN BACHUBHAI

47-DISPOSAL IN ANY OTHER MODE FH

The New India Assurance Company Limited appealed under Section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claim Tribunal award of Rs 4,33,933 to the victims of a road accident. The High Court examined the appeal and noted that the quantum of compensation was relatively small, …

BAJAJ ALLIANZ GENERAL INSURANCE CO LTDversusSHIVALIKABEN ASHISHKUMAR PAL

39-RULE DISCHARGED/DISMISSED @ FH

The insurance company appealed a Motor Accident Claim Tribunal award of Rs.3,22,583 for medical expenses, contending that the claimant had already received Rs.1,80,000 under a mediclaim policy, making the award duplicative. The appeal was filed under section 173 of the Motor Vehicles Act, 1988 and …

NEW INDIA ASSURANCE COMPANY LIMITEDversusZINABHAI CHANDRABHAI NAYKA

47-DISPOSAL IN ANY OTHER MODE FH

The New India Assurance Company Limited filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claim Tribunal award of Rs.4,70,000 to the road accident victim. The High Court examined the appeal and, noting the modest quantum of compensation, concluded that …

THE UNITED INDIA INSURANCE COMPANY LTDversusMAHENDRAKUMAR DEVAJI PARMAR

39-RULE DISCHARGED/DISMISSED @ FH

The United India Insurance Company appealed under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claim Tribunal award of Rs.2,66,302 to the road‑accident victims. The High Court examined the appeal and, noting the modest quantum of the award, held that the compensation was …

PRATAPSINH CHAKUSINH ZALAversusJAYDEEPSINH JORAVARSINH CHAUHAN

47-DISPOSAL IN ANY OTHER MODE FH

The appellants, injured in a road accident on 29‑04‑2018 involving their motorcycle and the opponent's car, challenged the Motor Accident Claims Tribunal’s award which partially compensated them but exonerated the insurance company on the ground that the policy had been transferred. The appellants …

RAMSINH LALSINH RATHODversusJAYDEEPSINH JORAVARSINH CHAUHAN

47-DISPOSAL IN ANY OTHER MODE FH

The appellants, injured in a road accident on 29‑04‑2018 involving their motorcycle and the opponent's car, challenged the Motor Accident Claims Tribunal’s award which partially compensated them but exonerated the insurance company on the ground that the policy had been transferred. The appellants …

GEETABEN WD/O HEMRAJBHAI RABARIversusHIRENBHAI GUNENDRABHAI PRASADIYA

44-PARTLY ALLOWED @ FH

The appellants, heirs of deceased victims of a road accident on 9 August 2014, challenged the Motor Accident Claims Tribunal’s award of compensation under Section 173 of the Motor Vehicles Act, 1988, alleging mis‑calculation of future loss of income, loss of consortium, loss of estate and funeral …

RASUBEN BHAGVANBHAI RABARIversusHIRENBHAI GUNENDRABHAI PRASADIYA

44-PARTLY ALLOWED @ FH

The appellants, heirs of deceased victims of a road accident on 9 August 2014, challenged the Motor Accident Claims Tribunal’s award of compensation under Section 173 of the Motor Vehicles Act, 1988, alleging mis‑calculation of future loss of income, loss of consortium, loss of estate and funeral …

NEW INDIA ASSURANCE CO. LTD.versusTEKCHANDANI KAVITABEN GULABRAY

39-RULE DISCHARGED/DISMISSED @ FH

The New India Assurance Co. Ltd. filed a First Appeal under section 173 of the Motor Vehicles Act, 1988, challenging a Motor Accident Claims Tribunal award of Rs.76,651 to the accident victim. The High Court examined the appeal but noted that the amount involved was meager. Consequently, the Court …

THE ORIENTAL INSURANCE COMPANY LTD.versusBIRJIBEN PADAMSINH RATHWA

47-DISPOSAL IN ANY OTHER MODE FH

The Oriental Insurance Company Ltd. filed three first appeals under section 173 of the Motor Vehicles Act, 1988 challenging compensation awards of Rs.4,27,000, Rs.4,36,172 and Rs.4,15,856 in respective motor accident claim petitions. The Court observed that the amounts involved are small and meager, …

NEW INDIA ASSURANCE COMPANY LTD.versusMEHUL SURESHCHANDRA JANI

47-DISPOSAL IN ANY OTHER MODE FH

The New India Assurance Company Ltd. filed a first appeal under section 173 of the Motor Vehicles Act, 1988, challenging a Motor Accident Claim Tribunal award of Rs.1,42,000 to the road‑accident victim. The High Court examined the appeal and noted that the contested compensation amount was modest. …

THE NEW INDIA ASSURANCE COMPANY LTD.versusKANKUBEN W/O CHAMANBHAI NARANBHAI VAGHELA

47-DISPOSAL IN ANY OTHER MODE FH

The Oriental Insurance Company Ltd. filed three first appeals under section 173 of the Motor Vehicles Act, 1988 challenging compensation awards of Rs.4,27,000, Rs.4,36,172 and Rs.4,15,856 in respective motor accident claim petitions. The Court observed that the amounts involved are small and meager, …

VINUBHAI BHIMSINH ZALAversusBHANU SINGH TIKAM SINGH RAO

44-PARTLY ALLOWED @ FH

The deceased, a 52‑year‑old pedestrian, was struck from behind by an Eicher truck on 23 August 2023 and died. Her legal heirs filed a claim for Rs 20 lakh before the Motor Accident Claims Tribunal, which awarded Rs 8,62,200. The appellants appealed under Section 173 of the Motor Vehicles Act, 1988, …

V. PATHMAVATHI & ORS.versusBHARTHI AXA GENERAL INSURANCE CO. LTD & ANR.

2026 INSC 131Disposed off

The appellant claimants, the widow, minor children and parents of a 37‑year‑old driver who died instantly when his two‑wheeler was hit by a tanker, filed a claim petition under the Motor Vehicles Act, 1988 seeking just compensation. The Motor Accidents Claims Tribunal initially assessed the victim's …

TATA AIG GENERAL INSURANCE COMPANY LTD.versusHARPALSINH RANJITSINH BARAD

26-DISMISSED @ ADM.STAGE

The High Court of Gujarat heard a first appeal filed by Tata AIG General Insurance Company Ltd. under section 173 of the Motor Vehicles Act, 1988, challenging the award of Rs.3,15,500 granted by the Motor Accident Claim Tribunal (Main), Amreli, to the victims of a road accident. The appeal contended …

ICICI LOMBARD GENERAL INSURANCE CO LTDversusVALLABHBHAI NATHABHAI BHALANI

44-PARTLY ALLOWED @ FH

The case arose from a road accident on 01‑09‑2013 in which the deceased, travelling on the correct side of the road, was struck by a Bolero vehicle that had mounted the divider and entered the opposite carriageway at high speed, resulting in his death. The claimants filed a motor accident claim …

VALLABHBHAI NATHABHAI BHALANIversusMANUBHAI KACHARABHAI KARSARIYA

33-CA DISPOSED OF

The case arose from a road accident on 01‑09‑2013 in which the deceased, travelling on the correct side of the road, was struck by a Bolero vehicle that had mounted the divider and entered the opposite carriageway at high speed, resulting in his death. The claimants filed a motor accident claim …

UNITED INDIA INSURANCE COMPANY LTDversusTAUFIKMIYA YAKUBMIYA SHEIKH

39-RULE DISCHARGED/DISMISSED @ FH

The United India Insurance Company Ltd filed first appeals under section 173 of the Motor Vehicles Act, 1988 against the judgment and award of the Motor Accident Claims Tribunal, Ahmedabad Rural, in two motor accident claim petitions. The appeals challenged the compensation awarded to the victims of …

UNITED INDIA INSURANCE COMPANY LTDversusTAUFIKMIYA YAKUBMIYA SHEIKH

39-RULE DISCHARGED/DISMISSED @ FH

The United India Insurance Company Ltd filed first appeals under section 173 of the Motor Vehicles Act, 1988 against the judgment and award of the Motor Accident Claims Tribunal, Ahmedabad Rural, in two motor accident claim petitions. The appeals challenged the compensation awarded to the victims of …

THE ORIENTAL INURANCE CO LTDversusARCHANABEN WD/O PARIMALBHAI RAJPUT

46-ANY OTHER MODE @ FH

The Oriental Insurance Co. Ltd appealed a Motor Accident Claims Tribunal award that partially compensated the heirs of Parimalbhai Rajput, who died after his motorcycle was hit by a tanker on 10 January 2012. The insurer argued it was not liable because the tanker had been sold before the accident …

UNITED INDIA INSURANCE COMPANY LTDversusPRITESH KRISHNAKUMAR PANDYA

44-PARTLY ALLOWED @ FH

The Motor Accident Claims Tribunal awarded Rs 44,89,530 to the heirs of a deceased motorcyclist, holding the driver of the other motorcycle solely negligent. United India Insurance Company, insurer of the negligent driver, appealed, contending that the deceased motorcyclist also contributed to the …

SACHIN KANTILAL BHAYANIversusMANISHBHA RAYDEBHA KER

44-PARTLY ALLOWED @ FH

The appellant, a Home Guard who suffered paraplegia after being struck by a car on 15‑08‑2019, appealed the Motor Accident Claims Tribunal's award under Section 173 of the Motor Vehicles Act, 1988. The Tribunal had partially awarded compensation based on an income of Rs 8,000 per month, a multiplier …

REKHABEN GIRISHBHAI PATEL THRO' LEGAL HEIRSversusDIVISIONAL CONTROLLER

38-RULE ABSOLUTE/ALLOWED @ FH

The appellants, victims of a 2007 road accident involving a GSRTC bus, appealed a Motor Accident Claims Tribunal award of Rs.12,15,100 under Section 173 of the Motor Vehicles Act, 1988, alleging miscalculation of compensation. They argued that the Tribunal failed to consider future prospective …

NATIONAL INSURANCE CO LTDversusRAMILABEN WD/O ISHWARSINH MAKWANA

46-ANY OTHER MODE @ FH

The deceased Ishwarsinh was hit by a motorcycle (Reg. No. GJ-17-S-9000) on 14 January 2014, resulting in his death. The claimants filed a Motor Accident Claim petition, and the Motor Accident Claims Tribunal partly allowed the claim, awarding compensation. National Insurance Company Ltd., the …

ZALA RAMILABEN WD/O MANILALversusMOHAMADJAMIL MOHAMADHANIF SHAIKH

39-RULE DISCHARGED/DISMISSED @ FH

The appellants, heirs of a deceased motorcyclist, challenged a Motor Accident Claims Tribunal award of Rs.10,50,000, seeking a higher quantum of compensation. The Tribunal had earlier exonerated the insurance company, but a coordinate bench of this Court set aside that finding and remanded the …

RUPASANGJI RAVAJI THAKORversusTHAKOR KAPURJI MOHANJI

44-PARTLY ALLOWED @ FH

The appellant, a pillion rider injured in a 2013 collision with a tractor, appealed a Motor Accident Claims Tribunal award under Section 173 of the Motor Vehicles Act, 1988, alleging errors in income assessment, future loss calculations, and the Tribunal's apportionment of 20% contributory …

THE ORIENTAL INSURANCE CO.LTD.versusBHARATBHAI GULABBHAI MALIVAD

39-RULE DISCHARGED/DISMISSED @ FH

The Motor Accident Claims Tribunal (Auxiliary) in Vadodara awarded Rs.10,57,700 to the claimant, apportioning negligence 60% to the trailer driver and 40% to the truck driver. Oriental Insurance Co. Ltd. appealed the award, arguing that the trailer driver should bear 100% negligence under the Motor …

SAMIR ANVARBHAI MATHUPOTRAversusHANIF ISHAK LAKHANI MALEK

44-PARTLY ALLOWED @ FH

The appellant’s son was injured in a road accident on 8 June 2017 when his motorcycle collided with an Alto car. The Motor Accident Claims Tribunal (MACT) awarded compensation, assessing the injured’s income at Rs 5,000 per month, 90% disability and 30% contributory negligence on the injured. The …

SMITABEN NAGINBHAI PATELversusCARAVAN PROJECT LOGISTICS

PARTLY ALLOWED @ ADMISSION STAGE

The appellants filed a motor accident claim after the death of Naginbhai Patel, a 70‑year‑old security guard, who was killed in a collision on 21‑04‑2021. The Motor Accident Claims Tribunal had assessed the deceased’s monthly income at Rs 7,000 and awarded compensation without a consortium …

LALSINH KANAKSINH CHAUHANversusKAMLESHBHAI JITENDRABHAI PATEL

38-RULE ABSOLUTE/ALLOWED @ FH

The appellant, a motorcyclist, was injured when a Wagon‑R car overtook on the wrong side and collided with his bike on 14‑04‑2019. The Motor Accident Claims Tribunal found the car driver solely negligent and awarded Rs 16,59,700 as compensation. The appellant appealed under Section 173 of the Motor …

SOMABHAI NATHUBHAI RABARIversusPATEL BHIKHABHAI PRABHUDAS

44-PARTLY ALLOWED @ FH

The appellants, heirs of the deceased Puriben who died from injuries sustained in a road accident on 10 February 2014, appealed the Motor Accident Claims Tribunal's award of Rs.5,60,050 under Section 173 of the Motor Vehicles Act, 1988. They contended that the Tribunal erred by assessing the …

RANABHAI SURABHAI GOHILversusDIPAKBHAI DURGASHANKARBHAI PANDYA

44-PARTLY ALLOWED @ FH

The appellants, parents of the deceased Pradipsinh Ranabhai, appealed a Motor Accident Claims Tribunal award of Rs 7,00,000 under Section 173 of the Motor Vehicles Act, 1988, alleging the Tribunal erred in assessing the deceased’s income and failed to award loss of consortium. The High Court …

GUJARAT STATE ROAD TRANSPORT CORPORATIONversusASMITABEN KISHORBHAI CHAUHAN

39-RULE DISCHARGED/DISMISSED @ FH

On 12 October 2018, Kishorbhai Chauhan was fatally injured when a Gujarat State Road Transport Corporation (GSRTC) state transport bus struck his motorcycle from behind. The claimants, his legal heirs, filed a motor accident claim seeking Rs 32 lakh. The Motor Accident Claims Tribunal (Special) held …

ICICI Lombard General Insurance Company LimitedversusAsha Devi

DISPOSED

The Patna High Court heard a Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 filed by ICICI Lombard General Insurance Company challenging the compensation awarded by the Motor Vehicle Accident Claim Tribunal to the widow and minor children of the deceased Subodh Mahto. The …

LATABEN WD/O JIGARBHAI DAMORversusRASULBHAI VARIYABHAI MAVI

44-PARTLY ALLOWED @ FH

The appellants filed a first appeal under Section 173 of the Motor Vehicles Act, 1988 against the award of the Motor Accident Claims Tribunal (Main), Dahod dated 03‑10‑2024 in a claim arising from the death of Jigarbhai Manglabhai Damor in a road accident on 07‑11‑2016. The High Court examined the …

VIPULBHAI ASHOKBHAI BAROTversusDEVJIBHAI LAXMANBHAI CHAUDHARY

44-PARTLY ALLOWED @ FH

The appellants, legal heirs of Neelamben who died after being struck by an Eeco car on 3 March 2021, appealed a Motor Accident Claims Tribunal award that reduced compensation by 25% on the ground of contributory negligence and fixed the amount at Rs.9,40,000. The High Court examined the evidence, …

UNITED INDIA INSURANCE CO. LTD.versusTHAKOR CHELAJI NATHAJI

47-DISPOSAL IN ANY OTHER MODE FH

United India Insurance Co. Ltd. filed a first appeal under section 173 of the Motor Vehicles Act, 1988, challenging a Motor Accident Claims Tribunal award of Rs.4,36,167 to the victims of a road accident. The High Court examined the appeal but noted that the amount involved was modest. Consequently, …

GANGABEN @ AMRUTABEN NARANBHAI DOLASHIYAversusMADHUBHAI SHAMBHUBHAI JOLIYA

38-RULE ABSOLUTE/ALLOWED @ FH

The appellant challenged a Motor Accident Claims Tribunal award of Rs 2,89,000 compensation for the death of Naranbhai, caused by a tractor driven without a valid licence. The tribunal had exonerated ICICI Lombard General Insurance Company, holding the driver‑owner liable. The appellant sought (i) a …

THE NEW INDIA ASSURANCE COMPANY LTD.versusGEETABEN NANLABHAI RATHVA

39-RULE DISCHARGED/DISMISSED @ FH

The New India Assurance Company challenged the Motor Accident Claims Tribunal, Chhotaudepur award dated 28.03.2024 in MACP No.83/2021, which partly allowed the claim under Section 166 of the Motor Vehicles Act, 1988 and awarded Rs.15,82,000 to the claimants. The insurer contended that the motorcycle …

HASMUKHBHAI RATILAL THAKKARversusSWETKUMAR NEPALBHAI BHOI DELETED VIDE EX 35

44-PARTLY ALLOWED @ FH

The appellants challenged the award of compensation dated 22‑12‑2021 by the Motor Accident Claims Tribunal, alleging that the Tribunal erred in assessing the deceased’s future income, multiplier, and interest. The deceased, a 21‑year‑old engineering student, died in a road accident on 21‑02‑2010. …

UNITED INDIA INSURANCE COMPANY LTDversusARVINDBHAI CHATURBHAI THAKOR

47-DISPOSAL IN ANY OTHER MODE FH

The United India Insurance Company Ltd filed a first appeal under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.4,57,833 to the road accident victim. The High Court examined the appeal but, noting the modest quantum of compensation, chose to dispose …

UNITED INDIA INSURANCE COMPANY LTDversusDAMJIBHAI CHANABHAI SAKARIYA

47-DISPOSAL IN ANY OTHER MODE FH

The United India Insurance Company Ltd filed a First Appeal under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.4,60,800 to the road‑accident victims. The High Court examined the appeal but, noting that the compensation amount was relatively small, …

SBI GENERAL INSURANCE COMPANY LIMITEDversusHABIBKHAN CHUTTANKHAN PATHAN DELETED

47-DISPOSAL IN ANY OTHER MODE FH

The State Bank of India General Insurance Company appealed under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.3,82,880 to a road accident victim. The High Court examined the appeal but noted that the compensation amount was modest. Consequently, …

RATNIBEN WD/O NAVINBHAI SAVLABHAIversusHIMMATBHAI LALABHAI GOHIL

38-RULE ABSOLUTE/ALLOWED @ FH

The appellants, legal heirs of the deceased Navinbhai Mavi, appealed a Motor Accident Claims Tribunal award of Rs 6,10,000 on the ground that the quantum of compensation was insufficient. The High Court examined the calculation of future loss of dependency, loss of estate, funeral expenses and loss …

RAVJIBHAI RUPSINH THAKOR DELETED AS EXPIREDversusUSMANBHAI ABDULBHAI VORA

44-PARTLY ALLOWED @ FH

The appellants, the deceased's family, appealed a Motor Accident Claims Tribunal award of Rs 7,65,000 in a 2011 road accident that killed Nileshbhai Ravjibhai Thakor. The High Court held that the Tribunal erred in assessing the deceased's monthly income at Rs 3,000, applying an incorrect multiplier …

MANSUKHBHAI KEHJIBHAI NINAMAversusSHANUBHAI RUMALBHAI AMALIYAR

44-PARTLY ALLOWED @ FH

The appellants, victims of a motor accident involving a tempo on 1 April 2019, challenged the award of the Motor Accident Claims Tribunal (Aux.) Dahod under Section 173 of the Motor Vehicles Act, 1988. They contended that the Tribunal erred in assessing their disability—assigning 50% physical …

METABEN MANSUKHBHAI NINAMAversusSHANUBHAI RUNALBHAI AMALIYAR

44-PARTLY ALLOWED @ FH

The appellants, victims of a motor accident involving a tempo on 1 April 2019, challenged the award of the Motor Accident Claims Tribunal (Aux.) Dahod under Section 173 of the Motor Vehicles Act, 1988. They contended that the Tribunal erred in assessing their disability—assigning 50% physical …

INDRASINH PATHUBHA JADEJAversusDUSHYANTSINH ANIRUDDHSINH JADEJA

44-PARTLY ALLOWED @ FH

The appellants filed a first appeal under Section 173 of the Motor Vehicles Act, 1988 against the Motor Accident Claims Tribunal’s award of Rs.19,46,400 in a 2019 fatal accident case. They argued that the Tribunal erred by not accounting for the deceased’s total monthly income of Rs.14,500 and by …

MAKVANA HARGOVANBHAI TEJABHAIversusKUMBHAR PRAKASH SOMABHAI

44-PARTLY ALLOWED @ FH

The appellants, who were the legal heirs of the deceased Amitkumar Hargovanbhai Makvana, appealed a Motor Accident Claims Tribunal award under Section 173 of the Motor Vehicles Act, 1988, alleging miscalculation of the deceased's monthly income, loss of future dependency, loss of estate, funeral …

GUJARAT STATE ROAD TRANSPORT CORPORATIONversusBALOCH UMARKHAN CHANUKHAN

39-RULE DISCHARGED/DISMISSED @ FH

The Gujarat State Road Transport Corporation (GSRTC) appealed a Motor Accident Claims Tribunal award concerning a 2015 road accident in which a bus driver collided with a motorcyclist, Mahammadkhan Umarkhan Baloch, who later died. GSRTC argued that the Tribunal erred by not attributing contributory …

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.versusMOHMADNAEEM MOHMADJAHAR SAIYED

39-RULE DISCHARGED/DISMISSED @ FH

The insurance company filed a first appeal under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.3,04,227 to the victims of a road accident. The High Court examined the appeal but, noting that the amount involved was modest, chose to dispose of the …

PARSOTTAMBHAI PRATAPBHAI PATELversusSURESHKUMAR MANGARAMBHAI THAKKAR

44-PARTLY ALLOWED @ FH

The appellant, Parsottambhai Pratapbhai Patel, was injured in a road accident on 06‑01‑2020 and filed a Motor Accident Claim (MAC) petition. The Motor Accident Claims Tribunal awarded compensation based on a monthly income of Rs 8,070, without applying the prevailing minimum‑wage rate or …

ARVINDBHAI SOMABHAI ROHITversusKANABHAI HIRABHAI PAGI

44-PARTLY ALLOWED @ FH

The deceased Gaurangkumar Arvindbhai Rohit was fatally injured when a luxury bus collided with his motorcycle on 9 October 2018. The Motor Accident Claims Tribunal awarded him a compensation of Rs.15,89,000, which the claimants appealed on the ground of quantum under Section 173 of the Motor …

SONALBEN JASHWANTSINH SODHAPARMARversusBHARATBHAI BHURABHAI PATEL

38-RULE ABSOLUTE/ALLOWED @ FH

The appellant, a 26‑year‑old rickshaw passenger, was injured in a 2023 accident caused by the negligent driver of a rickshaw owned by the first respondent. The Motor Accident Claims Tribunal awarded her Rs 6,69,900, using a monthly income of Rs 7,500 despite the prevailing minimum wage of Rs 12,000 …

MADHUBEN WD/O NARENDRASINHversusHIMMATSINH DHIRSINH BARIA

44-PARTLY ALLOWED @ FH

The appellants filed a motor accident claim after the death of Narendrasinh Prabhatsinh Chauhan, who was struck by a tractor on 5 March 2019. The Motor Accident Claims Tribunal awarded compensation but assessed the deceased’s monthly income at Rs 3,500, ignoring the prevailing minimum wage and the …

SANJAYBHAI SOMABHAI TADVIversusKAMLESHBHAI NAGINBHAI VASAVA

44-PARTLY ALLOWED @ FH

The appellant, a conductor in an Eicher truck, suffered grievous injuries to both legs in a 2016 road accident caused by the negligent driver of the truck. The Motor Accident Claims Tribunal awarded him Rs 11,59,100 as compensation, which the appellant challenged on the grounds that the quantum was …

JAYESHKUMAR SIRILBHAI PARMARversusNAGINBHAI PARSOTTAMBHAI ROHIT

44-PARTLY ALLOWED @ FH

The appellant, injured in a road accident on 4 October 2019, appealed the Motor Accident Claims Tribunal's award under Section 173 of the Motor Vehicles Act, 1988, alleging errors in income assessment, omission of future prospective earnings, and inadequate compensation for pain, shock and …

ORIENTAL INSURANCE CO LTDversusISHWARBHAI MELABHAI BHAT

47-DISPOSAL IN ANY OTHER MODE FH

The Oriental Insurance Co. Ltd filed a first appeal under section 173 of the Motor Vehicles Act, 1988, challenging a Motor Accident Claims Tribunal award of Rs.3,56,500 to the road accident victim. The High Court examined the judgment and noted that the amount involved was small and meagre. It held …

NATIONAL INSURANCE COMPANY LIMITEDversusMANUBA GEMALSANG ALIAS GEMALSINH RANA

47-DISPOSAL IN ANY OTHER MODE FH

The National Insurance Company Limited appealed under section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.3,67,116 to the victims of a road accident. The appeal challenged the judgment and award dated 23 February 2022. The High Court examined the appeal …

THE ORIENTAL INSURANCE CO. LTD.versusMAHENDRABHAI MAGANBHAI @ NANABHAI PATEL

47-DISPOSAL IN ANY OTHER MODE FH

The Oriental Insurance Co. Ltd. filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging a Motor Accident Claims Tribunal award of Rs.3,15,720 to the road‑accident victim. The High Court examined the appeal and noted that the quantum of compensation was modest. Relying …

THE NATIONAL INSURANCE COMPANY LTDversusSHATISHBHAI JAYANTIBHAI CHHAG

39-RULE DISCHARGED/DISMISSED @ FH

The National Insurance Company Ltd appealed a Motor Accident Claims Tribunal award of Rs.7,86,788 granted to Shatishbhai Jayantibhai Chhag, alleging the Tribunal erred by holding the car driver solely negligent, ignoring contributory negligence, and by improperly assessing the claimant's income. The …

RELIANCE GENERAL INSURANCE CO LTDversusBHAVNABEN MORARIDAS GONDALIYA

39-RULE DISCHARGED/DISMISSED @ FH

These two appeals were filed by Reliance General Insurance Co. Ltd. under Section 173 of the Motor Vehicles Act, 1988 against the common judgment and awards dated 27.12.2021 passed by the Motor Accident Claims Tribunal (Special), Rajkot in MACP Nos. 1630/2015 and 1631/2015. The accident occurred on …

RELIANCE GENERAL INSURANCE CO LTDversusKAILASHBEN MANCHHARAM GONDALIYA

39-RULE DISCHARGED/DISMISSED @ FH

These two appeals were filed by Reliance General Insurance Co. Ltd. under Section 173 of the Motor Vehicles Act, 1988, challenging the Motor Accident Claims Tribunal's awards dated 27.12.2021 in MACP Nos. 1630/2015 and 1631/2015. The claims arose from an accident on 10.09.2015 in which a dumper fell …

UNITED INDIA INSURANCE CO. LTD.versusRAMBABU RAMPUJAN THAKUR

39-RULE DISCHARGED/DISMISSED @ FH

The Motor Accident Claims Tribunal awarded Rs 5,29,782 to the claimants and ordered United India Insurance Co. Ltd. to pay the amount and later recover it from the driver/owner of the offending truck. The insurer appealed, arguing that the driver had no licence and that the insurance policy was …

JANABEN JORSINGBHAI DAMORversusKESARSINH RUPSINH SOLANKI

38-RULE ABSOLUTE/ALLOWED @ FH

The appellants, heirs of Jorsingbhai Harsingbhai Damor who died in a motor accident on 15‑10‑2016, appealed the Motor Accident Claims Tribunal’s award of Rs 9,77,200 under Section 173 of the Motor Vehicles Act, 1988, alleging errors in assessing the deceased’s income, loss of consortium, loss of …

NATIONAL INSURANCE COMPANY LIMITEDversusMAKANBHAI DAHYABHAI NAKUM

39-RULE DISCHARGED/DISMISSED @ FH

On 17 December 2017 a minor cyclist was killed when a dumper, driven at excessive speed, collided with his bicycle. The Motor Accident Claims Tribunal awarded compensation to the deceased's family and held the insurer, National Insurance Company Ltd., liable under the Motor Vehicles Act. The insurer …

MEGHVILAL NARAYANLAL SHARMAversusASUBA JASWANTSINH ZALA

38-RULE ABSOLUTE/ALLOWED @ FH

The accident occurred on 21 October 2015 when a car (RJ‑27‑CD‑4506) collided with a tractor, resulting in the death of Jasvantsinh Zala. The Motor Accident Claims Tribunal held the car's owner, Meghvilal N. Sharma, liable and awarded Rs.4,74,844 in compensation. Sharma appealed under Section 173 of …

NINAD SURESH PANSAREversusTHE STATE OF MAHARASHTRA

Allowed

The applicant was charged for allegedly hitting a cyclist on 31 March 1999 and was convicted under Section 279 of the IPC and Section 184 of the Motor Vehicles Act for rash or negligent driving. The trial court found him guilty, and the appellate court upheld the conviction, prompting a revision …

RITABEN JASHUBHAI CHAUHANversusSOMABHAI DHULABHAI MALIVAL

44-PARTLY ALLOWED @ FH

The appellants, relatives of Jashubhai Laljibhai Chauhan who died in a road accident involving a tanker on 19-11-2021, appealed a Motor Accident Claims Tribunal award under Section 173 of the Motor Vehicles Act, 1988. They contended that the Tribunal erred in assessing the deceased's income, failed …

RAJUBEN PAPPUBHAI AMBALIYAversusBALDEVBHAI RANCHHODBHAI SOLANKI

38-RULE ABSOLUTE/ALLOWED @ FH

The appellant Insurance Company appealed the Motor Accident Claims Tribunal's award of Rs.6,25,600 in a claim arising from a 2016 road accident that killed Pappubhai. The High Court held that the Tribunal erred by using the deceased's actual monthly earnings of Rs.6,000 instead of the statutory …

IFFCO TOKIO GENERAL INSURANCE CO.LTD.versusSANGAR AMADBHAI MUSABHAI

39-RULE DISCHARGED/DISMISSED @ FH

The appellant Iffco Tokio General Insurance Co. appealed against a Motor Accident Claims Tribunal award that held it liable to pay compensation to the deceased's heirs after a 2016 road accident involving a motorcycle and a Bolero. The insurer argued that the driver of the offending vehicle did not …

THE NEW INDIA ASSURANCE CO. LTD.versusSMT. UMADEVI RAMESHWAR SINGH AND ORS.

Disposed Off

The New India Assurance Co. Ltd appealed a Motor Accident Claims Tribunal award of Rs. 46,25,000 granted to the claimants, alleging that the Tribunal failed to consider the deceased's contributory negligence and miscalculated compensation by using an incorrect income figure and an excessive …

SANGITABEN VIKRAMSINH ZALAversusRIYAZBHAI ANWARBHAI VAHORA

38-RULE ABSOLUTE/ALLOWED @ FH

The appellants, heirs of the deceased Vikramsinh Zala, appealed a Motor Accident Claims Tribunal award under Section 173 of the Motor Vehicles Act, 1988, alleging inadequate compensation for loss of estate, funeral expenses, and loss of consortium. The accident involved a collision between the …

VIPULKUMAR POPATBHAI PARMARversusVIPULKUMAR ISHWARBHAI PATEL

38-RULE ABSOLUTE/ALLOWED @ FH

This First Appeal under Section 173 of the Motor Vehicles Act, 1988 challenged the Motor Accident Claims Tribunal (Main), Anand award dated 09.10.2024 in MACP No.318/2018, which partly allowed the claim and awarded Rs.3,68,687/-. The accident occurred on 12.06.2018 when the appellant-claimant, …

THE NEW INDIA ASSURANCE CO. LTD.versusSATISHBHAI KRISHNAMURTI SHASTRI

47-DISPOSAL IN ANY OTHER MODE FH

The New India Assurance Co. Ltd. filed a first appeal under Section 173 of the Motor Vehicles Act, 1988 against a Motor Accident Claims Tribunal award of Rs.2,00,000 in favor of the claimants. No respondent appeared. The High Court noted that the amount involved was small and deemed the award …

ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITEDversusRANIBEN RAJABHAI KARMATA

39-RULE DISCHARGED/DISMISSED @ FH

The appellant, ICICI Lombard General Insurance Co., appealed a Motor Accident Claims Tribunal award of Rs 24,48,000 to the claimants, third‑party victims of a road accident. The insurer argued that the vehicle was being used in violation of the policy and the driver lacked a valid licence, seeking …

MAHEBUB KASAMBHAI BOGHAversusGUJARAT STATE ROAD TRANSPORT CORPORATION

44-PARTLY ALLOWED @ FH

The appellant Mahebub Kasambhai Bogha was injured when a Gujarat State Road Transport Corporation bus ran over his legs on 24 January 2022, resulting in permanent disability. He filed a motor accident claim petition and the Motor Accident Claims Tribunal (Aux.) awarded him Rs.25,00,000, calculating …

THE NEW INDIA INSURANCE CO.LTD.versusRAMESHBHAI JAYSUKHLAL VORA

39-RULE DISCHARGED/DISMISSED @ FH

The New India Insurance Co. Ltd. appealed a Motor Accident Claims Tribunal award of Rs.3,61,000 to the brother and niece of a deceased pedestrian who was hit by a rash driver. The insurer argued that the deceased, being over 70, was not entitled to loss of dependency compensation and that the …

TATA AIG GENERAL INSURANCE CO. LTD.versusMALSINGBHAI KALIYABHAI @ KALIYABHAI DAMOR

44-PARTLY ALLOWED @ FH

On 11 March 2013 a motorcycle carrying three minors was struck by an unknown vehicle, resulting in the death of all three occupants. The Motor Accident Claims Tribunal held Tata AIG General Insurance liable and awarded Rs.5,00,000 to the legal heirs of two deceased riders. The insurer appealed, …

TATA AIG GENERAL INSURANCE CO. LTD.versusGAVJIBHAI DEVLABHAI DAMOR

44-PARTLY ALLOWED @ FH

On 11 March 2013 a motorcycle carrying three minors was hit by an unknown vehicle, resulting in the death of all three occupants. The legal heirs of two of the deceased filed motor accident claims and the Motor Accident Claims Tribunal awarded Rs.5,00,000 each, holding Tata AIG General Insurance …