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Motor Vehicles Act, 1988

827 judgments · newest first · showing 401–600

MANUARA KHATUN & ORS.versusRAJESH KR. SINGH & ORS.

2017 INSC 164Appeal(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 …

LAL SINGH MARABIversusNATIONAL INSURANCE COMPANY LTD. & ORS.

2017 INSC 145

The appellant, a 29‑year‑old professional driver, lost his left leg in a bus accident and claimed compensation under s.166 of the Motor Vehicles Act, 1988. The Motor Vehicle Accident Claims Tribunal fixed his annual income at Rs 15,000 and a 60% loss of efficiency, awarding Rs 2,75,000. The High …

M/S. PUROHIT AND COMPANYversusKHATOONBEE AND ANR.

2017 INSC 122Appeal(s) allowed

The respondents' daughter died in a motor accident on 02‑02‑1977. A claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed before the Motor Accident Claims Tribunal on 23‑02‑2005, more than 28 years after the accident. The Tribunal entertained the claim, and the High Court upheld …

RELIANCE GENERAL INSURANCE CO. LTD.versusSHASHI SHARMA & ORS.

2016 INSC 909Case 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 …

RAKESH KUMAR & ETC. ETC.versusUNITED INDIA INSURANCE COMPANY LTD. & ORS. ETC. ETC.

2016 INSC 525Appeal(s) allowed

The case arose from a fatal road accident in 2008 where a three-wheeler was struck by a truck. The victims' representatives filed claims under Section 166 of the Motor Vehicles Act against the truck's owner, driver, and insurer. The Motor Accident Claims Tribunal held the insurer liable, finding …

MANINDERJIT SINGH BITTAversusVIJAY CHHIBBER & ORS.

2016 INSC 519Disposed off

The petitioner filed contempt petitions alleging that the respondents, including state transport authorities and the contractor M/s Utsav Safety Systems Pvt. Ltd., failed to implement the High Security Registration Plates (HSRP) scheme in accordance with Supreme Court orders dated 8 December 2011, …

STATE OF RAJASTHANversusJAG RAJ SINGH @ HANSA

2016 INSC 444Dismissed

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 …

SAVELIFE FOUNDATION & ANR.versusUNION OF INDIA & ANR.

2016 INSC 289Appeal(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 …

U.P.S.R.T.C.versusKM. MAMTA & ORS

2016 INSC 164

The appellant corporation’s bus collided with a motorcyclist, leading to a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accident Claim Tribunal awarded Rs.24,73,252, which the corporation appealed to the Allahabad High Court under Section 173 of the Act. The High Court …

MUKUND DEWANGANversusORIENTAL INSURANCE CO. LTD. ETC.

2017 INSC 576Matter referred to larger bench

The appeal concerned whether a holder of a licence to drive a light motor vehicle (LMV) must obtain a separate endorsement to drive a transport vehicle that falls within the LMV weight class. The Court examined the definitions of "light motor vehicle" and "transport vehicle" under the Motor Vehicles …

MALATI SARDARversusNATIONAL INSURANCE COMPANY LIMITED & ORS.

2016 INSC 12Appeal(s) allowed

The deceased Diganta Sardar was killed in a bus accident in Hooghly, West Bengal, and his widow filed a claim for compensation under Section 166 of the Motor Vehicles Act before the Motor Accidents Claims Tribunal (MACT) in Kolkata, where the insurer had its business office. The Tribunal awarded …

GIAN CHAND & ORS.versusGURLABH SINGH & ORS.

2015 INSC 924Appeal(s) allowed

The claimants, parents of a deceased school teacher, filed a petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation after a bus accident that killed their son. The bus driver and the transport undertaking argued that the accident resulted from a sudden mechanical failure of …

MANAGING DIRECTOR, K.S.R.T.C.versusNEW INDIAASSURANCE CO. LTD. & ORS.

2015 INSC 803Appeal(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 …

KAMLESH & ORS.versusATTAR SINGH & ORS.

2015 INSC 805Appeal(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 …

RAJASTHAN STATE ROAD TRANSPORT CORPN.versusALEXIS SONIER & ANR.

2015 INSC 752Disposed off

The claimant, an American citizen, was injured when a Rajasthan State Road Transport Corporation bus struck him during a peace march in India. The Motor Accidents Claims Tribunal awarded compensation, including US$125,348.01 for medical expenses covered by California's Medi‑Cal program, and Rs.10 …

MITHUSINH PANNASINH CHAUHANversusGUJARAT STATE ROAD TRANSPORT CORPORATION & ANR.

2015 INSC 679Appeal(s) allowed

The appellant, a 35‑year‑old constable, suffered severe head injury, loss of speech, memory and mobility after being hit by a Gujarat State Road Transport Corporation bus. He filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeking Rs 4 lakh compensation for medical expenses, loss of …

MUNNALAL JAIN AND ANOTHERversusVIPIN KUMAR SHARMAANO OTHERS

2015 INSC 420Appeal(s) allowed

The parents of Satendra Kumar Jain, a 30‑year‑old self‑employed bachelor who died in a motor accident, claimed loss of dependency under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 6,24,000, which the Delhi High Court enhanced to Rs 12,61,800 by fixing …

CENTRAL BANK OF INDIAversusJAGBIR SINGH

2015 INSC 331Appeal(s) allowed

Jagbir Singh purchased a tractor with a loan from Central Bank of India. The tractor was initially insured but the insurance was not renewed after May 2005. On 24 September 2007 the uninsured tractor was involved in a fatal accident, and a Motor Accident Claims Tribunal awarded compensation against …

STATE OF PUNJABversusSAURABH BAKSHI

2015 INSC 276

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, …

SHASHIKALA & ORS.versusGANGALAKSHMAMMA & ANR.

2015 INSC 212Matter referred to larger bench

The deceased H.S. Ravi, a 45‑year‑old self‑employed transport businessman, died in a road accident on 14‑12‑2006. The Motor Accident Claims Tribunal awarded Rs 7,85,000 as compensation. The Karnataka High Court enhanced the award to Rs 14,69,372 by averaging the deceased’s income over two assessment …

S. PERUMALversusK. AMBIKA & ANR.

2015 INSC 151Appeal(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 …

JAKIR HUSSEINversusSABIR & ORS.

2015 INSC 135Appeal(s) allowed

The appellant, Jakir Hussein, a professional driver, suffered grievous injuries to his right arm in a collision caused by the negligent driving of Sabir, rendering him permanently disabled and unable to earn a livelihood as a driver. The claim petition under Section 166 of the Motor Vehicles Act, …

PRAVEENBHAI S. KHAMBHAYATAversusUNITED INDIA INSURANCE COMPANY LTD. & ORS.

2015 INSC 128Appeal(s) allowed

The appellant, owner of two vehicles, claimed that United India Insurance Company should indemnify him for the death of his employee, Ramesh Lalmani Yadav, who was a cleaner and died while filling water in the radiator of a second vehicle on the employer's direction. The Labour Court held the owner …

JITENDRA KHIMSHANKAR TRIVEDI & ORS.versusKASAM DAUD KUMBHAR & ORS.

2015 INSC 89Case Partly allowed

The Supreme Court considered an appeal by the husband and relatives of Smt. Jayvantiben Jitendra Trivedi, a 22‑year‑old housewife who died in a motor accident caused by the negligent driving of the respondent. The claimants sought enhancement of compensation beyond the Motor Accidents Claims …

B.A. LINGA REDDY ETC. ETC.versusKARNATAKASTATE TRANSPORT AUTHORITY & ORS.

2014 INSC 890Dismissed

The Supreme Court examined whether the Karnataka State Government, while modifying road‑transport schemes under section 102 of the Motor Vehicles Act, 1988, must record reasons for its decision. The Court held that modification of a scheme is a quasi‑judicial function and, therefore, the State must …

HDFC BANK LTD.versusKUMARI RESHMAAND ORS.

2014 INSC 822Appeal(s) allowed

HDFC Bank had financed a motor vehicle that was hypothecated to a borrower. The vehicle, uninsured at the time, was involved in a road accident causing injury to a third‑party claimant who obtained a compensation award. The issue was whether the financier, as the registered owner, could be held …

VADODARA MUNICIPAL CORPORATIONversusPURSHOTTAM V. MURJANI AND ORS.

2014 INSC 616Dismissed

A boat operated by Ripple Aqua Sports under a licence from Vadodara Municipal Corporation was overloaded with 38 passengers (capacity 22) and capsized, killing 22. The victims filed a consumer complaint alleging deficiency in service. The State Consumer Commission and the National Consumer Disputes …

NARINDER SINGH.versusNEW INDIA ASSURANCE COMPANY LTD. & ORS.

2014 INSC 605Dismissed

The complainant insured a Mahindra Pick‑up vehicle whose temporary registration expired on 11‑January‑2006, yet the vehicle was involved in an accident on 2‑February‑2006 while being driven without any valid registration. The insurer denied the claim, leading to proceedings before the District …

V. MEKALAversusM. MALATHI & ANR.

2014 INSC 344Appeal(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 …

ANJANI SINGH & ORS.versusSALAUDDIN & ORS.

2014 INSC 328Appeal(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 …

MANASVI JAINversusDELHI TRANSPORT CORPORATION LTD. & ORS

2014 INSC 311Appeal(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 …

S. RAJASEEKARANversusUNION OF INDIA & ORS.

2017 INSC 1159Hearing 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 …

KALPANARAJversusTAMIL NADU STATE TRANSPORT CORPORATION

2014 INSC 302Appeal(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 …

MALLAMMA (DEAD) BY L.RS.versusNATIONAL INSURANCE CO. LTD. & ORS.

2014 INSC 251Appeal(s) allowed

The deceased driver of a tractor, employed by Jeeva Rathna Setty, died in an accident while the tractor was owned by Setty, although the original registration was in the name of Gangadhara. The claimants filed a workmen's compensation claim, and the Commissioner held that the insurance policy, …

PURNYA KALA DEVIversusSTATE OF ASSAM & ANR.

2014 INSC 253Appeal(s) allowed

Purnya Kala Devi, a widow, claimed compensation after her husband was killed in a road accident caused by a private bus owned by Md. Abdul Salam, which was under requisition by the State of Assam and uninsured at the time of the accident on 16 February 1993. The Motor Accident Claims Tribunal held …

V. KALA BHARATHI & ORS.versusTHE ORIENTAL INS. CO. LTD., BR. CHITOOR

2014 INSC 236Appeal(s) allowed

The appellants, legal heirs of a deceased road‑accident victim, were awarded Rs.98.40 million with 12% interest by the Motor Accident Claims Tribunal. The insurer appealed, reduced the principal to Rs.56.40 million but retained the interest rate, and made several partial payments. The Executing …

SMT. SAVITAversusMOTOR VEHICLES ACT, 1988

2014 INSC 204Case 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 …

BASAPPAversusSTATE OF KARNATAKA

2014 INSC 147Appeal(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. …

G. DHANASEKARversusM.D. METROPOLITAN TRANSPORT CORPN. LTD.

2014 INSC 96Appeal(s) allowed

The appellant, a 46‑year‑old tourist‑taxi driver, suffered fractures to his right arm and leg in a collision with a bus operated by the respondent. He claimed compensation under s.166 of the Motor Vehicles Act, 1988, asserting functional disability of 35% that impaired his earning capacity. The …

SANJAY VERMAversusHARYANA ROADWAYS

2014 INSC 61Appeal(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 …

PAWAN KUMAR & ANR. ETC.versusM/S HARKISHAN DASS MOHAN LAL & ORS

2014 INSC 62Appeal(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 …

MONTFORD BROTHERS OF ST. GABRIEL & ANR.versusUNITED INDIA INSURANCE & ANR. ETC.

2014 INSC 55Appeal(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 …

HANUMANAGOUDAversusUNITED INDIA INSURANCE CO. LTD. & ORS. ETC.

2014 INSC 57Appeal(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 …

ABHAY SINGHversusSTATE OF UTTAR PRADESH AND OTHERS

2013 INSC 819Directions issued

The Supreme Court examined the widespread misuse of red lights and multi‑toned horns on motor vehicles, which were being employed by a large number of public officials and private citizens beyond the limited class intended by law. The petition, led by senior counsel Harish Salve, raised …

PUTTAMMA & ORS.versusK. L. NARAYANA REDDY & ANR.

2013 INSC 814Appeal(s) allowed

The petitioners claimed compensation under Section 166 of the Motor Vehicles Act, 1988 after the death of a 48‑year‑old employee who earned Rs.13,331 per month; the Claims Tribunal awarded Rs.9.03 lakh, which the Karnataka High Court enhanced to Rs.11.25 lakh by applying a split‑multiplier and a …

N. MANJEGOWDAversusTHE MANAGER, THE UNITED INDIA INSURANCE CO.

2013 INSC 749Appeal(s) allowed

The appellant, a 36‑year‑old advocate, suffered grievous injuries including loss of strength and sensation in all four limbs after a motorbike accident. He claimed compensation under Section 166 of the Motor Vehicles Act, and the Tribunal awarded Rs.6,17,500 as loss of future income based on a 50% …

UNITED INDIA INSURANCE COMPANY LTD.versusSUNIL KUMAR & ANR.

2013 INSC 729Matter 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 …

DR. BALRAM PRASADversusDR. KUNAL SAHA & ORS.

2013 INSC 717Disposed 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 …

DULCINA FERNANDES & ORS.versusJOAQUIM XAVIER CRUZ & ANR.

2013 INSC 695Appeal(s) allowed

The deceased Nicolau Fernandes was killed when his scooter was struck by a pick‑up van driven by Joaquim Xavier Cruz on 29 June 1997. His wife and daughters filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal, which assessed compensation …

M. MANSOOR & ANR.versusUNITED INDIA INSURANCE CO. LTD. & ANR.

2013 INSC 668Appeal(s) allowed

The parents of a 24‑year‑old bachelor who died in a motor‑vehicle accident filed a claim under Section 166 of the Motor Vehicles Act, 1988 seeking compensation. The Motor Claims Tribunal awarded Rs 24,65,668 after deducting one‑third of the deceased’s income for personal expenses and applying a …

SANOBANU NAZIRBHAI MIRZA & ORS.versusAHMEDABAD MUNICIPAL TRANSPORT SERVICE

2013 INSC 669Appeal(s) allowed

The deceased Nazirbhai, a 25‑year‑old skilled polisher earning Rs 4,000‑5,000 per month, was killed by an Ahmedabad Municipal Transport Service bus. His legal representatives filed a claim petition under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs …

R. VENKATA RAMANA & ANR.versusTHE UNITED INDIA INSURANCE CO. LTD. & ORS.

2013 INSC 631Appeal(s) allowed

A 17‑year‑old student suffered an 80% permanent disability in a motor accident and became bedridden, requiring lifelong care. The Motor Accident Claims Tribunal awarded the parents compensation of Rs.18,75,800 with 7.5% interest. The Andhra Pradesh High Court reduced the award to Rs.12,45,800, …

MINU ROUT & ANR.versusSATYA PRADYUMNA MOHAPATRA & ORS.

2013 INSC 584Appeal(s) allowed

The husband of Minu Rout, a 35‑year‑old car driver, died in a head‑on collision with a truck. The Motor Accident Claims Tribunal (MACA) held that both drivers were equally negligent and reduced the loss‑of‑dependency compensation by 50% on the basis of alleged contributory negligence by the …

KISHAN GOPAL & ANR.versusLALA & ORS.

2013 INSC 566Appeal(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 …

PEPSU ROAD TRANSPORT CORPORATIONversusNATIONAL INSURANCE COMPANY,

2013 INSC 563Appeal(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 …

RAM CHANDRAversusREGIONAL MANAGER UNITED INDIA INSURANCE CO. LTD.

2013 INSC 509Appeal(s) allowed

Ram Chandra, a cleaner injured in a motor accident while employed, claimed compensation under the Motor Vehicles Act. The insurer, United India Insurance Co., argued that liability was limited to the Workmen's Compensation Act and that any excess should be borne by the vehicle owner. The Supreme …

REKHA JAIN & ANR.versusNATIONAL INSURANCE CO. LTD.

2013 INSC 507Appeal(s) allowed

Dr. Grace Jain, a government-employed doctor, died in a motor vehicle accident. Her daughter Rekha Jain and husband T.A. Sebastian claimed compensation under the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs.10,62,000 with interest, using a monthly income of Rs.12,000, a …

REKHA JAINversusNATIONAL INSURANCE CO. LTD.

2013 INSC 506Appeal(s) allowed

Rekha Jain, a 24‑year‑old film actress, was injured in a road accident caused by a negligent truck driver, sustaining grievous facial injuries and 30% permanent physical disability. The Motor Accident Claims Tribunal (MACT) awarded her total compensation of Rs.23,51,726, including Rs.17,51,726 as …

NATIONAL INSURANCE CO. LTD.versusBALKAR RAM & ORS.

2013 INSC 455Dismissed

The Motor Accidents Claims Tribunal held that both the owner of a vehicle and the insurer, National Insurance Co. Ltd., were jointly and severally liable to pay Rs.1,24,035 as compensation for a road accident that occurred on 19‑April‑2000. The insurer appealed, contending that the insurance policy …

JIJU KURUVILA & ORS.versusKUNJUJAMMA MOHAN & ORS

2013 INSC 409Disposed off

The claimants, the wife, children and mother of Joy Kuruvila, who died in a road accident while employed in the US, filed a claim for compensation under the Motor Vehicles Act, 1988, seeking a sum in Indian rupees. The key issues were the appropriate date for fixing the foreign exchange rate to …

S. IYYAPANversusM/S UNITED INDIA INSURANCE COMPANY LTD. AND ANOTHER

2013 INSC 396Appeal(s) allowed

The claimants, the dependants of a deceased motorcyclist, were awarded compensation by the Motor Accidents Claims Tribunal after a fatal accident involving a Maxi Cab. The insurer, United India Insurance Co., appealed, arguing that the driver, who held a licence for light motor vehicles but not an …

NEERUPAM MOHAN MATHURversusNEW INDIA ASSURANCE CO.

2013 INSC 381Appeal(s) allowed

The appellant, Neerupam Mohan Mathur, lost his right hand in a bus‑truck collision caused by the negligent driver of a chartered bus. He claimed compensation under Section 110‑A of the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal awarded Rs.3,20,000. The Punjab & Haryana High …

S. MANICKAMversusMETROPOLITAN TRANSPORT CORP. LTD.

2013 INSC 393Case Partly allowed

The appellant, a 45‑year‑old proprietor who lost his right leg below the knee in a bus accident, claimed Rs. 21,00,000 as compensation under the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs. 9,42,822, applying a multiplier of 13 and granting Rs. 1,00,000 for 85% permanent …

SMT. V. SUDHAversusP. GANAPATHI BHAT & ANR.

2013 INSC 311Appeal(s) allowed

The appellant, a 36‑year‑old woman, suffered grievous injuries to her left leg and forearm when a motorcycle driven by the first respondent collided with her. She claimed compensation of Rs.3,50,000 under the Motor Vehicles Act, 1988, citing loss of earnings, pain and suffering, and future medical …

VIMAL KANWAR & ORS.versusKISHORE DAN & ORS.

2013 INSC 304Appeal(s) allowed

The Supreme Court heard an appeal by the wife, daughter and mother of a 28‑year‑old Assistant Engineer who died in a motor accident caused by the negligent driver of a jeep. The Motor Accident Claims Tribunal had reduced the deceased's salary, deducted amounts for provident fund, pension, insurance …

RAJESH & OTHERSversusRAJBIR SINGH & OTHERS

2013 INSC 248Appeal(s) allowed

The case involved the widow and minor children of Bijender Singh, a 33‑year‑old clerk who died in a motor accident. They claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 8,96,500, which the High Court increased to Rs 10,17,000 …

RESHMA KUMARI AND ORS.versusMADAN MOHAN AND ANR.

2013 INSC 200Reference answered

The Supreme Court examined whether the multiplier in the Second Schedule of the Motor Vehicles Act, 1988 should be applied to compensation claims under s.166 (fault liability). It approved the multiplier table and related guidelines formulated in Sarla Verma’s case for selecting the multiplier, …

KUM. MICHAELversusREGIONAL MANAGER ORIENTAL INSURANCE CO. LTD.

2013 INSC 91Appeal(s) allowed

The appellant, an 8‑year‑old boy, was struck by a motorcycle in 2001, sustaining a fractured right leg, permanent disability of 16% and a 1 cm shortening of the limb. The Motor Accident Claims Tribunal awarded Rs 77,000 as compensation, which the Karnataka High Court enhanced to Rs 1 lakh. The …

ORIENTAL INSURANCE CO. LTD.versusDYAMAWA & ORS.

2013 INSC 76Dismissed

The husband of Dyamavva Yalgurdappa, a pump operator employed by Mormugao Port Trust, died in a road accident on 19 April 2003. The dependents filed a claim under Section 166 of the Motor Vehicles Act, 1988 on 30 May 2003, while the employer later deposited compensation under Section 8 of the …

MULTANI HANIFBHAI KALUBHAIversusSTATE OF GUJARAT & ANR.

2013 INSC 69Appeal(s) allowed

The appellant’s Eicher truck was seized by police for transporting 28 buffalo calves, and the appellant sought its release under Section 451 of the CrPC. The lower courts rejected the application, invoking Section 68(3) of the Gujarat Animal Preservation (Amendment) Act, 2011, which bars release of …

M/S L.C.D.S. LTD.versusCOMMISSIONER OF INCOME TAX, MYSORE & ANR.

2013 INSC 33Appeal(s) allowed

M/S I.C.D.S. Ltd., a non‑banking finance company, purchased trucks and leased them to third parties, registering the vehicles in the lessees' names. The company claimed depreciation under Section 32 of the Income Tax Act, 1961 at both the normal and higher rates, arguing it owned the trucks and used …

MANAGER, NATIONAL INSURANCE CO. LTD.versusSAJU P. PAUL AND ANOTHER

2013 INSC 3Appeal(s) allowed

The claimant, Saju P. Paul, a heavy‑vehicle driver employed by another company, was travelling as a "spare driver" in the cabin of a goods vehicle that met with an accident in 1993. The vehicle owner had taken a motor‑vehicle insurance policy covering only the driver and cleaner, not a spare driver. …

SANJEEV KUMAR SAMRATversusNATIONAL INSURANCE CO. LTD. AND OTHERS

2012 INSC 576Dismissed

The owner of a goods vehicle insured the truck with National Insurance Co. and hired it to transport goods. During the journey the hirer and two of his labourers were killed in an accident. The legal heirs of the deceased filed claims under the Motor Vehicles Act, 1988. The Motor Accident Claims …

NATIONAL INSURANCE COMPANY LTD.versusBALAKRISHNAN & ANOTHER

2012 INSC 521Case 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 …

ORIENTAL INSURANCE COMPANY LTD.versusSURENDRA NATH LOOMBA AND OTHERS

2012 INSC 520Disposed 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 …

SUBULAXMIversusM.D., TAMIL NADU STATE TRANSPORT CORPORATION

2012 INSC 502Case Partly allowed

The claimant, a 30‑year‑old bus worker, suffered amputation of her left leg and right foot in a motor vehicle accident and claimed Rs 6,50,000 as compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 2,00,000, including Rs 86,000 for permanent …

K. SURESHversusNEW INDIA ASSURANCE CO. LTD. AND ANR

2012 INSC 490Case 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 …

GURU BASAVARAJ @ BEENE SETTAPPAversusSTATE OF KARNATAKA

2012 INSC 356Dismissed

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 …

RAVI KAPURversusSTATE OF RAJASTHAN

2012 INSC 333Dismissed

The appellant Ravi Kapur was charged under IPC sections 279, 337, 338 and 304A for a bus accident that caused multiple deaths and injuries. The trial court acquitted him, holding that the prosecution failed to prove his identity as the driver and that procedural lapses, such as the absence of a test …

STATE TR. P.S. LODHI COLONY, NEW DELHIversusSANJEEV NANDA

2012 INSC 320Case Partly allowed

The appellant State prosecuted Sanjeev Nanda for a 1999 hit‑and‑run accident in which six persons died and one was injured after he, allegedly under the influence of alcohol, drove a BMW at high speed and fled the scene. The trial court convicted him under Section 304(II) IPC (culpable homicide not …

NEW INDIA ASSURANCE CO. LTD.versusGOPALI & ORS.

2012 INSC 271Dismissed

The case involved a claim for compensation under Section 166 of the Motor Vehicles Act after the death of Nanag Ram, a 36‑year‑old machine operator, in a road accident. The claimants sought Rs.24 lakh, while the insurer challenged the award on several grounds. The Supreme Court examined whether the …

AVISHEK GOENKAversusUNION OF INDIA AND ANR.

2012 INSC 186Case 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. …

SANTOSH DEVIversusNATIONAL INSURANCE COMPANY LTD. AND OTHERS

2012 INSC 181Appeal(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% …

UNITED INDIA INSURANCE CO. LTD.versusLAXMAMMA & ORS.

2012 INSC 175Dismissed

The owner of a bus paid the premium for a motor vehicle insurance policy by cheque, which later bounced. The bus was involved in an accident causing the death of a passenger, and the claimants sought compensation from the insurer, United India Insurance Co. Ltd. The insurer argued that the policy …

AMRIT BHANU SHALI & ORS.versusNATIONAL INSURANCE CO. LTD. & ORS.

2012 INSC 163Appeal(s) allowed

The deceased, a 26‑year‑old unmarried man, was killed in a road accident. His parents and unmarried sister filed a claim under s.166 of the Motor Vehicles Act, 1988 for compensation. The Motor Accident Claims Tribunal awarded Rs 8,66,000, applying a 50% deduction for personal and living expenses and …

N. SURESHversusYUSUF SHARIFF & ANR.

2012 INSC 138Appeal(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 …

STATE OF KERALAversusE.T.ROSE LYND & ORS.

2012 INSC 98Case 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 …

MANINDERJIT SINGH BITTAversusUNION OF INDIA & ORS.

2012 INSC 78Disposed off

The Supreme Court examined the persistent failure of several State Governments and Union Territories to implement the High Security Registration Plates (HSRP) scheme mandated under the Motor Vehicles Act, 1988. The petitioners sought enforcement of the statutory provisions and earlier Supreme Court …

A.V. PADMA & ORS.versusR. VENUGOPAL & ORS

2012 INSC 53Appeal(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 …

ALISTER ANTHONY PAREIRAversusSTATE OF MAHARASHTRA

2012 INSC 18Dismissed

Alister Anthony Pareira was convicted for causing the death of seven labourers and grievous injuries to eight others by driving a car rashly and negligently while under the influence of alcohol. The Supreme Court examined whether a person could be tried and convicted under both s.304(Part II) IPC …

MOHAN SONIversusRAM AVTAR TOMAR AND ORS.

2012 INSC 13Appeal(s) allowed

Mohan Soni, a cart puller, lost his left leg below the knee in a motor vehicle accident and claimed compensation under section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs.2,03,400, fixing his disability at 50% based on Schedule 1 of the Workmen's Compensation …

CITICORP. MARUTI FINANCE LTD.versusS. VIJAYALAXMI

2011 INSC 793Disposed off

The appellant Citicorp Maruti Finance Ltd. entered into a hire‑purchase agreement with the respondent for a Maruti Omni. After the respondent defaulted on monthly instalments, the bank repossessed the vehicle, informed police, and later auctioned it to a third party. The respondent filed a complaint …

UNITED INDIA INSURANCE CO. LTD.versusSHILA DATTA & ORS.

2011 INSC 759Reference answered

The Supreme Court examined whether a motor insurer can challenge a Motor Accident Claims Tribunal award on the quantum of compensation and whether it may join the vehicle owner in an appeal. The Court held that when an insurer is impleaded as a party‑respondent, it may contest the claim on any …

THE STATE OF WEST BENGAL & ORS.versusMANI BHUSHAN KUMAR

2011 INSC 746Appeal(s) allowed

The State Transport Authority of Bihar issued a temporary stage‑carriage permit for a vehicle to ply from Motihari (Bihar) to Siliguri (West Bengal) without the required counter‑signature of the West Bengal State Transport Authority. The vehicle was seized by the Motor Vehicle Department in Siliguri …

A. SRIDHARversusUNITED INDIA INSURANCE CO. LTD. & ANR.

2011 INSC 680Dismissed

A. Sridhar, while riding a motorcycle with a pillion rider, met with an accident on 14 January 1998 due to an oil spill on the road, sustaining grievous injuries. He filed a claim under Section 166 of the Motor Vehicles Act, 1988 seeking Rs. 6,00,000 as compensation, and the Motor Accident Claims …

D. SAMPATHversusUNITED INDIA INSURANCE CO. LTD. & ANR.

2011 INSC 681Case Partly allowed

A pillion rider of a motorcycle insured by United India Insurance suffered injuries in an accident caused by an oil spill. A medical doctor certified that the rider had a 75% disability, and the Motor Accident Claims Tribunal awarded compensation of Rs. 3,50,000. The High Court enhanced the …

NATIONAL INSURANCE COMPANY LTD.versusKUSUMA AND ANR.

2011 INSC 600Dismissed

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 …

RAVIRAJ UDUPAversusM/S UNITED INDIA INSURANCE COMPANY LTD. & ORS.

2011 INSC 580Appeal(s) allowed

The appellant, a 32‑year‑old private contractor, claimed compensation under Section 166 of the Motor Vehicles Act, 1988, for injuries sustained in a road accident. The Motor Accident Claims Tribunal awarded Rs.4,06,400 with 8% interest, considering the nature of injuries and loss of future earnings. …

M/S. SHARMA TRANSPORTSversusTHE STATE OF MAHARASHTRA & ORS.

2011 INSC 537Dismissed

The appellants, permit‑holders of tourist buses, were fined for loading luggage on the roof of their vehicles and challenged the fines on the ground that Rule 128(9) of the Central Motor Vehicles Rules, 1989 does not expressly forbid such carriage and that the restriction violates their Article …

RANJANA PRAKASH AND ORS.versusDIVISIONAL MANAGER AND ANR.

2011 INSC 527Appeal(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 …

UTTAR PRADESH STATE ROAD TRANSPORT CORPORATIONversusKULSUM & ORS.

2011 INSC 515Disposed 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 …

NATIONAL INSURANCE CO. LTD.versusSHYAM SINGH AND ORS.

2011 INSC 440Appeal(s) allowed

The parents of a 19‑year‑old mechanical fitter who died in a motor accident claimed compensation for loss of dependency. The Motor Accident Claims Tribunal awarded Rs 1,72,000 using a multiplier of 9 based on the average age of the parents (55‑56 years). The High Court enhanced the multiplier to 18, …

B. KOTHANDAPANIversusTAMIL NADU STATE TRANSPORT CORPORATION LTD.

2011 INSC 393Case Partly allowed

The appellant, a foreman, suffered partial loss of eyesight and amputation of a finger in a motor vehicle accident caused by the negligence of a state transport corporation driver. The Motor Accident Claims Tribunal awarded him a total compensation of Rs.5,05,053.45, including Rs.1,50,000 for …

JAWAHAR SINGHversusBALA JAIN & ORS.

2011 INSC 369Dismissed

The deceased was riding a scooter when a motorcycle driven by a minor, Jatin, collided with it, causing the deceased's death. The claimants obtained a compensation award from the Motor Accident Claims Tribunal, which held the owner of the motorcycle liable because the driver was a minor without a …

URVIBEN CHIRAGHBAI SHETHversusVIJAYBHAI SHAMBHUBHAI JORANPUTRA .& ORS.

2011 INSC 335Appeal(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, …

SRI NAGARAJAPPAversusDIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD.

2011 INSC 288Appeal(s) allowed

Sri Nagarajappa, a coolie, was injured in a motor accident caused by a negligent bus driver and claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 1,70,200, using a 20% disability figure (based on whole‑body disability) and a …

MANINDERJIT SINGH BITTAversusUNION OF INDIA & ORS.

2011 INSC 280Disposed off

The Supreme Court examined the implementation of the High Security Registration Plates (HSRP) scheme introduced under the Motor Vehicles Act, 1988 and the Motor Vehicles Rules, 1989. While earlier judgments upheld the Central Government's power to issue the scheme, many states failed to comply, …

SANT SINGHversusSUKHDEV SINGH AND ORS.

2011 INSC 186Appeal(s) allowed

Sant Singh, a 48‑year‑old work‑munshi, was injured as a pillion rider when a four‑wheeler collided with his scooter, fracturing both legs. He filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking Rs 5 lakh and 24% interest. The Motor Accident Claims Tribunal awarded Rs …

KUSUM LATA & ORS.versusSATBIR & ORS.

2011 INSC 172Appeal(s) allowed

The deceased Surender Kumar, a 29‑year‑old villager, was fatally injured when a tempo (HR‑34‑8010) struck him. His widow and three minor children filed a claim petition under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal and the High Court rejected the claim because …

UNITED INDIA INSURANCE CO. LTD.versusK.M. POONAM & ORS.

2011 INSC 135Disposed off

The owner of a jeep obtained a motor insurance policy covering six occupants, including the driver. The vehicle, however, was carrying fifteen passengers when it met with an accident, resulting in multiple deaths and injuries. Claimants filed compensation claims, and the Motor Accident Claims …

SRI K.R. MADHUSUDHAN & ORS.versusTHE ADMINISTRATIVE OFFICER & ANR.

2011 INSC 137Appeal(s) allowed

The deceased, a 53‑year‑old senior assistant of Karnataka Electricity Board, died in a road accident caused by a van owned by the first respondent. The claim petition under Section 166 of the Motor Vehicles Act, 1988 was decided by the Motor Accident Claims Tribunal (MACT) with a multiplier of 11, …

RAVIversusBADRINARAYAN AND ORS.

2011 INSC 139Appeal(s) allowed

The appellant, Ravi, a minor, was severely injured when a truck reversed and struck him, resulting in permanent 50% disability. His father lodged the FIR three months after the accident, citing the child's critical condition and lack of legal awareness as reasons for the delay. The Motor Accident …

P. S. SOMANATHAN AND ORS.versusDISTRICT INSURANCE OFFICER AND ANR.

2011 INSC 131Appeal(s) allowed

A 33‑year‑old unmarried man was killed by a lorry on a highway. His mother, brother and later the mother’s daughter filed a claim under Section 166 of the Motor Vehicles Act, 1988 seeking compensation. The Motor Accident Claims Tribunal (MACT) awarded Rs.1,71,600 using a multiplier of 16 based on …

SUNIL SHARMA & ORS.versusBACHITAR SINGH & ORS

2011 INSC 104Case Partly allowed

The legal heirs of Mrs. Sunita Sharma, who died in a motor accident, appealed the compensation awarded by the Motor Accident Claims Tribunal (MACT) and the High Court. The Supreme Court examined how the deceased’s income should be computed, rejecting deductions for HRA, CCA, EPF, GIS and allowing …

PARMESHWARIversusAMIR CHAND & ORS.

2011 INSC 79Appeal(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 …

ORIENTAL INSURANCE CO. LTD.versusDHANBAI KANJI GADHVI & ORS.

2011 INSC 53Disposed off

The heirs of a deceased motor accident victim filed a claim under Section 166 of the Motor Vehicles Act for fault-based compensation and later filed a separate claim under Section 163A for no‑fault compensation. The Motor Accident Claims Tribunal awarded compensation under Section 163A and …

PUSHPA @ LEELA & ORS.versusSHAKUNTALA & ORS.

2011 INSC 36Appeal(s) allowed

The heirs of Prem Chand and labourer Nikku Ram filed claim petitions after a truck, owned by Jitender Gupta on the registration but possessed by Salig Ram, met with a fatal accident. The Motor Accident Claims Tribunal awarded compensation but held only Salig Ram liable, ignoring the fact that the …

SHAKTI DEVIversusNEW INDIA INSURANCE CO. LTD. & ANR.

2010 INSC 767Case Partly allowed

Shakti Devi, the mother of a 22‑year‑old son who died in a bus‑truck collision, filed a claim under Section 166 of the Motor Vehicles Act, 1988 for compensation. The Motor Vehicle Accident Claims Tribunal fixed the deceased's monthly earnings at Rs 1,000, applied a multiplier of 8 and awarded a net …

RAJ KUMARversusAJAY KUMAR & ANR.

2010 INSC 703Case Partly allowed

The appellant, a 25‑year‑old roadside cheese vendor, suffered fractures in a motor accident and claimed compensation for loss of future earnings. The Motor Accident Claims Tribunal awarded a modest sum, basing the claimant's monthly income on the minimum wage and deducting one‑third for personal …

ARVIND KUMAR MISHRAversusNEW INDIA ASSURANCE CO. LTD. AND ANR.

2010 INSC 659Case 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 …

MAMTAJ BI BAPUSAB NADAF & ORS.versusUNITED INDIA INSURANCE CO. & ORS.

2010 INSC 580Dismissed

Two workmen were unloading maize from a tractor‑trailer into an underground storage bin when they fell into a pit while cleaning it and died of asphyxia. Their legal representatives filed claim petitions under the Motor Vehicles Act, 1988, and the Commissioner for Workmen's Compensation held United …

YADAVA KUMARversusTHE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD. & ANOTHER

2010 INSC 559Case 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 …

LEELA GUPTA & ORS.versusSTATE OF UTTAR PRADESH & ORS.

2010 INSC 560Case 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 …

INDRA DEVI & ORS.versusBAGADA RAM & ANR.

2010 INSC 523Appeal(s) allowed

The appellants filed a claim under Section 166 of the Motor Vehicles Act, 1988 for compensation after a motorcycle accident that killed Ramniwas, and also claimed "no fault" compensation under Section 140, which was paid by the insurer. The Tribunal held that the deceased was at fault, rejected the …

ESHWARAPPA @ MAHESHWARAPPA & ANR.versusC.S. GURUSHANTHAPPA & ANR.

2010 INSC 524Appeal(s) allowed

A privately owned car met with a fatal accident killing the driver and four occupants, while a fifth passenger was injured. The heirs of the deceased filed claims under the Workmen's Compensation Act and the Motor Accidents Claims Tribunal, both of which were rejected, including a denial of …

BIMLESH & ORS.versusNEW INDIA ASSURANCE CO. LTD.

2010 INSC 472Case Partly allowed

The owner of a Jeep, who also drove the vehicle, died in a road accident and his dependants filed a claim for compensation under Section 163-A of the Motor Vehicles Act, 1988. The insurer contended that the petition was not maintainable because the deceased was not a third party and the policy …

ARUN KUMAR AGRAWAL AND ANOTHERversusNATIONAL INSURANCE COMPANY AND OTHERS

2010 INSC 416Appeal(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 …

SHYAMWATI SHARMA & ORS.versusKARAM SINGH & ORS.

2010 INSC 402Appeal(s) allowed

A Sub‑Inspector aged 36 died in a motor accident, leaving six dependants who claimed compensation under the Motor Vehicles Act. The Motor Accident Claims Tribunal awarded Rs 14,44,600, which the Delhi High Court enhanced to Rs 14,65,776 by assuming future salary growth, a 30% tax deduction and a …

STATE OF WEST BENGAL AND ORS.versusS.K. NURUL AMIN

2010 INSC 349Appeal(s) allowed

The respondent applied to the West Bengal State Transport Authority for permanent stage carriage permits covering routes from Dhulian Bazar to Kolkata and from Raghunathganj to Kolkata. The Authority issued permits that curtailed the routes at Barasat, omitting the final leg to Kolkata, citing …

RASID JAVED & ORS. ETC. ETC.versusSTATE OF U.P. & ANR. ETC. ETC.

2010 INSC 352Dismissed

The appellants, private bus operators, claimed that a 1999 notification under s.102(1) of the Motor Vehicles Act, 1988, which purported to modify the 1993 scheme and allow them to operate on the Saharanpur‑Delhi inter‑state route, was validly approved by a Hearing Authority and could not be …

SOUTH BENGAL STATE TRANSPORT CORPORATIONversusASHOK KUMAR GHOSH AND ORS.

2010 INSC 277Case Partly allowed

The South Bengal State Transport Corporation disciplined a conductor for allowing a ticketless passenger and possessing excess cash, relegating him to a Daily Rated Conductor. The employee challenged the punishment, alleging bias because the Enquiry Officer was appointed before his reply was …

GENERAL INSURANCE COUNCIL AND ORS.versusSTATE OF ANDHRA PRADESH AND ORS.

2010 INSC 225Disposed 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 …

JAI PRAKASHversusNATIONAL INSURANCE CO. LTD. & ORS.

2009 INSC 1315Hearing Adjourned

The Supreme Court, hearing Special Leave Petitions filed by Jai Prakash against National Insurance Co. Ltd. and others, examined systemic problems in motor accident compensation, including victims of hit‑and‑run, uninsured vehicles and gratuitous passengers, the use of goods vehicles for passenger …

NATIONAL INSURANCE CO. LTD.versusPARVATHNENI & ANR.

2009 INSC 1093Matter 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 …

MEENABEN PANKAJKUMAR JOSHI & ORS.versusNEW INDIA ASSURANCE CO. LTD.

2009 INSC 1033Case Partly allowed

The widows of Raj Kumar Joshi, a director and proprietor of a clearing and forwarding business, claimed compensation under Section 168 of the Motor Vehicles Act, 1988 after his death in a motor accident. The Motor Accidents Claims Tribunal awarded Rs. 49.25 lakh with interest, which the High Court …

NATIONAL INSURANCE COMPANY LTD.versusKHIMLIBHAI & ORS.

2009 INSC 1000Dismissed

Vir Singh, a 40‑year‑old carpenter, died in a motor accident in 1997. His widow, children and parents (eight dependents) filed a claim under Section 166 of the Motor Vehicles Act for compensation. The Motor Accident Claims Tribunal awarded Rs 2.32 lakh based on a daily income of Rs 84 and a …

NEW INDIA ASSURANCE CO. LTD. & ANRversusKUSUM & ORS.

2009 INSC 1005Appeal(s) allowed

The Motor Accident Claims Tribunal awarded compensation to the dependents of a deceased victim of a bus accident, finding that the driver did not possess a valid licence. The Tribunal directed the insurer, New India Assurance Co., to pay the compensation and to recover the amount from the driver and …

BUDHWANTI @ BUDHO RANIversusNIDHAN SINGH @ KAPOOR & ORS.

2009 INSC 986Disposed 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 …

PRIYA VASANT KALGUTKARversusMURAD SHAIKH & ORS.

2009 INSC 967Dismissed

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 …

NAHAR INDUSTRIAL ENTERPRISES LTD.versusHONG KONG & SHANGHAI BANKING CORPORATION

2009 INSC 966Disposed 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 …

NATIONAL INSURANCE CO. LTD .versusGURUMALLAMMA & ANR.

2009 INSC 941Case 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 …

RESHMA KUMARI AND OTHERSversusMADAN MOHAN AND ANOTHER

2009 INSC 942Matter 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 …

U.P STATE ROAD TRANSPORT CORPN.versusMOHD. GHILMAN SHARIF & OTHERS.

2009 INSC 927Disposed 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, …

NEW INDIA ASSURANCE CO. LTD.versusSURESH CHANDRA AGGARWAL

2009 INSC 902Appeal(s) allowed

The claimant purchased a comprehensive motor insurance policy from New India Assurance Ltd. for his car, which was involved in a fatal accident on 29 February 1992. The insurer denied the claim, alleging that the driver’s driving licence was not valid on the date of the accident because it had …

R.K. MALIK AND ANR.versusKIRAN PAL AND ORS.

2009 INSC 833Disposed off

A school bus fell into the Yamuna River, killing 29 children. The parents filed claim petitions under Section 163A of the Motor Vehicles Act, 1988, seeking compensation. The Motor Accident Claims Tribunal awarded pecuniary compensation based on the Second Schedule multiplier method but no …

NINGAMMA & ANR.versusUNITED INDIA INSURANCE CO. LTD.

2009 INSC 803Disposed off

The widowed wife and minor son of Ramappa, who had borrowed a motorbike and died in a solo accident, claimed compensation under Section 163-A of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation, which the insurer appealed, arguing that Section 163-A applies only …

ORIENTAL INSURANCE CO. LTD.versusDEO PATODI AND ORS.

2009 INSC 798Disposed off

The Supreme Court considered a claim for compensation under Section 166 of the Motor Vehicles Act, 1988 filed by the parents of Deepak Patodi, a 22‑year‑old brilliant student who died in a road accident. Patodi earned Rs 80,000 per month from a part‑time job in the UK and had a prospective US job …

ORIENTAL INSURANCE CO. LTD.versusMOHD. NASIR AND ANR.

2009 INSC 801Disposed off

The case involved several claimants who suffered injuries in motor vehicle accidents and sought compensation under the Workmen's Compensation Act, 1923 and the Motor Vehicles Act, 1988. The insurer argued that compensation should be limited to the percentage of physical disability prescribed by the …

NATIONAL INSURANCE COMPANY LTD.versusSMT. SAROJ AND ORS.

2009 INSC 800Dismissed

The appellant, National Insurance Co., challenged a Motor Accident Claims Tribunal award of Rs 22.12 lakh compensation for the death of a 41‑year‑old technician, arguing that the Tribunal improperly applied the multiplier from the Second Schedule of the Motor Vehicles Act and exceeded the claimant's …

BHAGYALAKSHMI AND OTHERSversusUNITED INSURANCE CO. LTD. AND ANOTHER ETC.

2009 INSC 705Matter referred to larger bench

The appellants, heirs of a deceased passenger, claimed compensation under Section 166 of the Motor Vehicles Act, 1988 for death incurred while travelling in a private car. The Motor Accident Claims Tribunal awarded compensation, which was set aside by the Karnataka High Court on the ground that the …

RAJ RANI & ORS.versusORIENTAL INSURANCE CO. LTD. & ORS.

2009 INSC 714Disposed off

The deceased, Diwan Pal Singh, an Assistant Engineer aged 42 with a monthly salary of Rs 17,431 and a prospective promotion to Executive Engineer, died in a collision with a stationary truck whose lights were off. His children and parents filed a claim for compensation under Section 166 of the Motor …

NATIONAL INSURANCE COMPANY LTD.versusHAMIDA KHATOON AND ORS.

2009 INSC 723Appeal(s) allowed

The deceased employee was killed in a road accident involving a BSF truck. The dependents filed a claim for compensation under Section 173 of the Motor Vehicles Act before the Motor Accident Claims Tribunal, which awarded Rs.1,20,000. The insurer challenged the claim, contending that Section 53 of …

PRAHLAD SINGH & ANR.versusSTATE OF U.P. & ORS.

2009 INSC 704Disposed off

The petitioners, operators of 55‑seater stage‑carriage buses, challenged the demand of additional tax under Article II of Part D of the Uttar Pradesh Motor Vehicles Taxation Act, 1997, arguing that they only carried passengers and their luggage and should pay tax only under Article I Item 7 for …

NORTH WEST KARNATAKA RD. TRANSPORT CORP.versusGOURABAI AND ORS.

2009 INSC 661Appeal(s) allowed

The Supreme Court heard an appeal by North West Karnataka Road Transport Corp. against an award of Rs.2,59,400 made by the Motor Accident Claims Tribunal (MACT) to the family of a deceased person. The appellant argued that the deceased suffered a fatal head injury after falling from a height of 8‑10 …

SMT. SARLA VERMA & ORS.versusDELHI TRANSPORT CORPORATION & ANR.

2009 INSC 506Case Partly allowed

The appellant, the widow of a scientist who died in a 1988 bus accident, sought higher compensation than awarded by the Motor Accident Claims Tribunal and enhanced by the Delhi High Court. The Supreme Court examined whether future prospects of the deceased could be factored into income, whether pay …

BALBIR KAUR & ORS.versusNEW INDIA ASSURANCE COMPANY LTD. & ORS.

2009 INSC 517Case Partly allowed

The deceased Baljit Singh was killed when his scooter was hit by a bus on 18 March 1996. His family claimed compensation under Section 166 of the Motor Vehicles Act and the Tribunal awarded Rs 7.96 lakh. The insurer argued that the cover note was issued on 15 March 1996 but was to take effect from …

BIMLA DEVI & ORS.versusHIMACHAL ROAD TRANSPORT CORPN. & ORS.

2009 INSC 520Appeal(s) allowed

The husband of the appellant, Constable Jawala Ram, died when a bus owned by Himachal Road Transport Corporation allegedly reversed without sounding a horn, crushing him. The appellant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for compensation. The Motor Accident …

RANI GUPTA & ORS.versusM/S. UNITED INDIA INSURANCE CO. LTD. & ORS.

2009 INSC 469Dismissed

The husband of the appellant died as a gratuitous passenger in a friend’s car that was covered by a Private Car Package Policy. The Motor Vehicles Accidents Claims Tribunal awarded compensation using a multiplier of 13, but the High Court reduced the multiplier to 10 and awarded Rs.12.5 lakh. The …

ORIENTAL INSURANCE CO. LTD.versusPORSELVI & ANR

2009 INSC 453Appeal(s) allowed

The appellant Oriental Insurance Co. Ltd. challenged a Madras High Court order that held it liable to pay compensation for a motor accident that occurred on 28 May 1996. The insurance policy was issued on the same day but expressly stated that its coverage would be effective from 29 May 1996 to 28 …

RAGHUVIR SINGH MATOLYA & ORS.versusHARI SINGH MALVIYA & ORS

2009 INSC 441Appeal(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 …

NEW INDIA ASSURANCE CO. LTD.versusSATBIR AND ORS.

2009 INSC 415Dismissed

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 …

ORIENTAL INSURANCE CO. LTD.versusKALAWATI DEVI & ORS.

2009 INSC 396Appeal(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 …

NATIONAL INSURANCE CO. LTD.versusSEBASTIAN K. JACOB

2009 INSC 379Appeal(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 …

NEW INDIA ASSURANCE CO. LTD.versusBISMILLAH BAI & OTHERS

2009 INSC 374Appeal(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 …

BHUWAN SINGHversusM/S ORIENTAL INSURANCE COMPANY LTD. & ANR.

2009 INSC 320Dismissed

The owner of a tractor, who was also driving it, caused a fatal accident on 5 January 2001. The claimants obtained a motor accident claim award of Rs.1.32 lakh. The insurer refused to reimburse, arguing that the driver did not hold a valid licence because his learner's licence had expired on 22 …

NATIONAL INSURANCE COMPANY LTD.versusMEGHJI NARAN SORATIYA & ORS.

2009 INSC 271Appeal(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 …

BANGALORE METROPOLITAN TRANSPORT CORP.versusPADMA AND ORS.

2009 INSC 266Disposed 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 …

KRISHAN GOPALversusSANDHYA DEVI & ORS.

2009 INSC 204Dismissed

The respondents, parents of a deceased pillion rider, filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for death caused by a bus and a scooter. The Motor Accident Claims Tribunal dismissed the claim, holding the appellant had not proved negligence. On appeal, the …

ORIENTAL INSURANCE CO. LTD.versusANGAD KOL AND ORS.

2009 INSC 209Appeal(s) allowed

The heirs of Genda Bai, who died after being struck by a goods carriage vehicle, claimed compensation under the Motor Vehicles Act, 1988. Oriental Insurance Co. denied liability, contending that the driver, Umesh Gupta, did not hold a valid licence to drive a goods vehicle, thereby breaching the …

USHA RAJKHOWA & ORS.versusPARAMOUNT INDUSTRIES & ORS.

2009 INSC 198Appeal(s) allowed

The case involved a fatal collision between a Maruti car and a truck, resulting in the death of the car driver. The claimants, dependents of the deceased, sought compensation, but the Motor Accident Claims Tribunal limited the award to 50% of the assessed amount on the basis of alleged contributory …

UTTARNACHAL TRANSPORT CORPORATION LTD.versusSMT. VIMLA DEVI AND ORS.

2009 INSC 195Case Partly allowed

The appellant, Uttarnachal Transport Corporation Ltd., was involved in a fatal road accident where a contractor, Bijendra Singh, aged 43, riding a scooter was killed. Under Section 173 of the Motor Vehicles Act, 1988, the claim for enhancement of compensation was filed. The Motor Accident Claims …

UTTARANCHAL TRANSPORT CORPORATION LTD.versusSMT. VIMLA DEVI AND ORS.

2009 INSC 196Disposed off

A 43‑year‑old hawker died when his scooter was hit by a bus owned by Uttaranchal Transport Corporation Ltd. The claimants filed a claim under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 1,64,500 with 9% interest. The Uttaranchal High Court enhanced the award to Rs …

U.P. STATE ROAD TRANSPORT CORPORATIONversusASSISTANT COMNR. OF POLICE (TRAFFIC) DELHI

2009 INSC 164Appeal(s) allowed

The U.P. State Road Transport Corporation (UP SRTC) challenged the suspension of its inter‑state bus permit by the Assistant Commissioner of Police (Traffic), Delhi, alleging that the officer lacked jurisdiction under the Motor Vehicles Act, 1988. The Supreme Court examined whether directions issued …

MALLIKARJUNA G. HIREMATHversusBRANCH MANAGER, ORIENTAL INSURANCE CO. LTD.& ANR.

2009 INSC 168Appeal(s) allowed

The deceased, a driver employed by the appellant, was directed to take a vehicle with passengers to a temple. While at the temple he slipped on the steps of a pond and drowned. His wife claimed compensation under the Workmen Compensation Act, 1923, alleging that the death occurred in the course of …

D. SHANMUKHA SUNDARAMMAversusD. SUNEETHA AND ORS.

2009 INSC 122Case Partly allowed

An auto‑driver died when a lorry collided with his auto‑rickshaw. The widow filed a claim for compensation under s.166 of the Motor Vehicles Act, 1988 and the mother of the deceased also claimed a share. The Motor Accident Claims Tribunal awarded Rs 3.40 lakh with interest and directed equal …

A.P.S.R.T.CversusREG. TRANSPORT AUTHORITY, ANANTHAPUR & ANR.

2009 INSC 123Appeal(s) allowed

The Andhra Pradesh State Road Transport Corporation (APSRTC) applied for stage carriage permits for a town service route from Hindupur Municipal Bus Stand to Kothapalli. The Regional Transport Authority rejected the application, deeming the route "new" and requiring government formulation under …

ORIENTAL INSURANCE CO. LTD.versusVIMLA DEVI & ORS.

2009 INSC 124Case Partly allowed

The claimants filed claim petitions under Section 166 of the Motor Vehicles Act, 1988 for compensation after a goods commercial vehicle (UP .07‑F‑4885) fell into a ditch, killing three persons. Oriental Insurance, the insurer, contended that the vehicle was being driven in violation of policy terms, …

UNITED INDIA INSURANCE CO. LTD.versusBINDU AND ORS.

2009 INSC 108Case Partly allowed

The appellant, United India Insurance Co. Ltd., appealed a compensation award granted by the Motor Accident Claims Tribunal (MACT) under Section 166 of the Motor Vehicles Act, 1988, in a fatal accident where the deceased, aged 32, earned Rs 7,427 per month. The MACT had used a multiplier of 17 and …

U.P. STATE ROAD TRANSPORT CORPORATIONversusSHANTI DEVI AND ORS.

2009 INSC 95Case Partly allowed

The deceased Mahesh Chandra Verma, aged 45, died in a bus accident caused by the negligent driver of a bus owned by U.P. State Road Transport Corporation. A claim for compensation under Section 110 of the Motor Vehicles Act, 1939 was filed before the Motor Accidents Claim Tribunal, which assessed …

NATIONAL INSURANCE COMPANY LTD.versusMEENA AGGARWAL

2009 INSC 58Appeal(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, …

MANAGING DIRECTOR, TNSTCversusSUGUNA AND ORS.

2009 INSC 66Case 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 …

U.P. STATE ROAD TRANSPORT CORP.versusISLAMUDDIN

2009 INSC 71Case 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 …

ORIENTAL INSURANCE CO. LTD.versusRAM PRASAD VARMA & ORS.

2009 INSC 24Disposed off

Ram Prasad Varma, a 55‑year‑old ONGC employee, lost both legs in a motor vehicle accident and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 19.63 lakhs using the structured formula in the Second Schedule with a multiplier of eight and 12% …

MOHAN SINGHversusKASHI BAI & ORS.

2009 INSC 30Dismissed

The case arose from a motor accident on 21 November 1999 in which a jeep driven by Mohan Singh collided with a truck, resulting in the deaths of three persons. The victims' heirs filed claims for compensation under Section 166 of the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal …

SYED BASHEER AHAMED & ORS.versusMOHD. JAMEEL & ANR.

2009 INSC 2Case Partly allowed

The dependants of a 20‑year‑old businessman who died in a road accident filed a claim under s.166 of the Motor Vehicles Act, 1988 seeking compensation based on a claimed monthly income of Rs.20,000. The Motor Accident Claims Tribunal accepted a monthly income of Rs.7,000, deducted 50% for personal …

ASRAF ALLIversusM/S. NAVEEN HOTELS LTD. & ANR.

2008 INSC 1503Case 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 …

NATIONAL INSURANCE CO. LTD.versusRATTANI AND OTHERS

2008 INSC 1484Appeal(s) allowed

The accident occurred on 15 May 2002 when a Tata 407 goods vehicle, being used to transport members of a marriage party, overturned, killing Sunil Kumar and injuring several others. The claimants, heirs and legal representatives of the deceased and injured, filed claim petitions before the Motor …

ASSURANCE COMPANY LTD.versusSADANAND MUKHI AND OTHERS

2008 INSC 1491Appeal(s) allowed

The owner of a two‑wheeler insured the vehicle with an act policy under the Motor Vehicles Act, 1988. The owner’s son, who was driving the motorcycle, died in an accident. The claimants sought compensation from the insurer, arguing that the son was a "person" covered under Section 147 of the Act. …