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Motor Vehicles Act, 1988

827 judgments · newest first · showing 601–800

MANTOO SARKARversusORIENTAL INSURANCE CO. LTD. AND OTHERS

2008 INSC 1453Appeal(s) allowed

Mantoo Sarkar, a migrant agricultural labourer originally from Pilibhit, was residing and working in Nainital when he was injured in a bus‑truck collision that occurred in Bareilly, Uttar Pradesh. The truck was insured by Oriental Insurance Company, which maintained a branch at Nainital. Sarkar …

G. GNANAM @ GNANAMOORTHYversusMETROPOLITAN TRANSPORT CORPORATION

2008 INSC 1454Appeal(s) allowed

The appellant, G. GnanaM, was a passenger in a Metropolitan Transport Corporation bus that collided with a lamp post on 14 June 1995, resulting in a fractured right upper arm and a medically assessed permanent disability of 65%. He claimed Rs 6,00,000 as compensation; the Motor Accident Claims …

UNITED INDIA INSURANCE CO. LTD.versusSANTRO DEVI & ORS.

2008 INSC 1384Dismissed

The appellant, United India Insurance Co., had issued a motor vehicle insurance policy for a truck owned by the deceased Atma Ram Sharma, with renewals effected by the bank that held a hypothecation on the vehicle. After Sharma's death in 1991, the registration was not transferred and the policy …

KAMLA CHATURVEDIversusNATIONAL INSURANCE CO. & ORS.

2008 INSC 1311Case Partly allowed

The case concerned a claim for compensation under the Workmen's Compensation Act, 1923 where the Commissioner awarded Rs 2,21,370 with interest at 12% per annum and held the insurer, National Insurance Co., liable for payment. The insurer contended that, in the absence of an express contractual …

THE GENERAL MANAGER, UNITED INSURANCE CO. LTD.versusM. LAXMI AND ORS.

2008 INSC 1303Disposed off

A scooter insured under a statutory (Act) policy met with an accident, resulting in the death of the pillion rider, a gratuitous passenger. The legal heirs of the deceased filed a claim for compensation under Section 166 of the Motor Vehicles Act, 1988, against the insurer. The Additional Special …

RAMPRASAD BALMIKIversusANIL KUMAR JAIN & ORS.

2008 INSC 1113Dismissed

The appellant, a driver for the Cantonment Board, was injured in a road accident and claimed Rs 17.94 lakh under Section 166 of the Motor Vehicles Act, 1988 for permanent disability and loss of earnings. The Motor Accident Claims Tribunal awarded Rs 85,000, which the High Court enhanced to Rs …

UNITED INDIA INSURANCE CO. LTD.versusRAKESH KUMAR ARORA & ORS.

2008 INSC 1087Appeal(s) allowed

A fatal road accident occurred on 5 February 1997 when a vehicle owned by the respondent was driven by Karan Arora, a 15‑year‑old who did not possess a valid driving licence. The deceased's family claimed compensation from United India Insurance Company, which denied liability on the ground that the …

NATIONAL INSURANCE CO. LTD.versusVIDHYADHAR MAHARIWALA & ORS.

2008 INSC 1052Appeal(s) allowed

The case concerned a motor accident on 11 June 2004 in which the driver’s licence had lapsed at the time of the crash. The Motor Accident Claims Tribunal awarded Rs.4,03,650 to the claimant, but the insurer, National Insurance Co., refused to pay, arguing that the driver was not holding a valid …

SUPRI ADVERTISING & ENTERTAINMENT PVT. LTD.versusDR. ANAHITA PANDOLE & ORS.

2008 INSC 1008Appeal(s) allowed

Dr. Anahita Pandole filed a writ petition challenging the Mumbai Municipal Corporation's permission to advertising agencies for displaying mobile hoarding advertisements, alleging traffic hazards, environmental damage and harm to heritage buildings. The Bombay High Court directed that such mobile …

NATIONAL INSURANCE CO. LTD.versusABHAYSING PRATAPSING WAGHELA AND ORS.

2008 INSC 992Dismissed

The first respondent, a third‑party rider, suffered severe injuries when a truck insured by National Insurance Co. Ltd. (the appellant) collided with his vehicle. A cheque for the vehicle's premium was tendered before the accident but was later dishonoured; nevertheless, the insurer issued a cover …

SAMUNDRA DEVI AND ORS.versusNARENDRA KAUR AND ORS.

2008 INSC 892Case Allowed

A truck owned by Respondent No.1 and driven by Respondent No.2, insured by Respondent No.3, collided with a car, causing the death of the car occupant. The claimants filed a compensation claim under s.166 of the Motor Vehicles Act, 1988 and the Accident Claims Tribunal awarded Rs.13,32,000, holding …

RAM BABUversusUNITED INDIAN INSURANCE CO. LTD. & ORS.

2008 INSC 893Dismissed

The case arose from a motor accident on 27 January 1996 in which two relatives of the claimant died or were injured, leading the dependents to claim compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation and held United Indian …

DHARMENDRA GOELversusORIENTAL INSURANCE CO. LTD.

2008 INSC 882Case Allowed

The appellant purchased a Tata Sumo and insured it, renewing the policy on 13 February 2002 for Rs 3,54,000. The vehicle was involved in an accident on 10 September 2002 while the policy was in force. The insurer’s surveyor declared the vehicle a total loss and valued it at Rs 1,80,000, whereas the …

KULDEEP SINGHversusSTATE OF HIMACHAL PRADESH

2008 INSC 837Dismissed

The appellant, Kuldeep Singh, was the driver of a truck carrying a marriage party of about fifty people when the vehicle allegedly lost control, rolled over and caused the death of four persons and injuries to many others. He was acquitted by the trial court, but the Himachal Pradesh High Court …

ANITA DEVI AND ORS.versusSATYENDRA NARAIN SINGH AND ORS.

2008 INSC 800Case Allowed

The deceased, Pramod Kumar, died in a vehicular accident and his dependants filed a claim for compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal (MACT) awarded compensation based on a notional annual income of Rs.15,000, citing lack of concrete …

NEPAL SINGHversusUPENDER SINGH

2008 INSC 770Case Partly allowed

The respondent filed a claim petition under the Motor Vehicles Act, 1988 alleging injury in an accident involving a scooter bearing registration No. DL‑35‑7420. The Motor Accident Claims Tribunal awarded compensation and held the appellant liable, finding that his vehicle was the offending one. The …

BHAKRA BEAS MANAGEMENT BOARDversusKANTA AGGARWAL AND ORS.

2008 INSC 772Case Partly allowed

In 1994 a motor accident caused the death of K.C. Aggarwal, leaving his widow Kanta Aggarwal and three children as claimants under Section 166 of the Motor Vehicles Act, 1988. The Motor Accidents Claim Tribunal awarded them Rs 8.48 lakh with interest, while the widow was simultaneously given a …

A.P.S.R.T.C.& ANR.versusK. HEMALATHA & ORS.

2008 INSC 704Appeal(s) allowed

The case concerned a road accident on 19 March 1998 in which a motorcyclist (the deceased) and an injured claimant were allegedly struck by a bus of the Andhra Pradesh State Road Transport Corporation (APSRTC). Claimants filed compensation claims under Section 173 of the Motor Vehicles Act, 1988, …

ORIENTAL INSURANCE CO. LTD.versusSUDHAKARAN K.V. & ORS.

2008 INSC 713Appeal(s) allowed

The case concerned a claim for compensation under Section 147 of the Motor Vehicles Act, 1988 for the death of a pillion rider who fell from a scooter. The Motor Accident Claims Tribunal and the Kerala High Court held that the insurer, Oriental Insurance Co. Ltd., was liable because the vehicle was …

SAPNAversusUNITED INDIA INSURANCE CO. LTD. & ANR.

2008 INSC 673Case Partly allowed

Sapna, a 12‑year‑old girl, was severely injured in a motor‑vehicle accident and left with permanent disability of her left leg. A claim petition under the Motor Vehicles Act, 1988 was filed; the Motor Accident Claims Tribunal awarded Rs 82,569 with 8% interest, which the Uttarakhand High Court …

NATIONAL INSURANCE CO. LTD.versusKAUSHALYA DEVI AND ORS.

2008 INSC 653Disposed off

The case arose from a motor accident in which a goods vehicle, insured by National Insurance Co. Ltd., struck and killed Kishan Lal, a vegetable dealer who was travelling in the truck to collect empty boxes. The claimant, Kaushalya Devi, sought compensation under Section 166 of the Motor Vehicles …

RAJESH KUMAR @ RAJUversusYUDHVIR SINGH & ANR.

2008 INSC 655Dismissed

The appellant, Rajesh Kumar, was injured in a motor vehicle accident in August 2001 and claimed a 60% total disability under Section 166 of the Motor Vehicles Act, 1988, relying on a civil surgeon's certificate dated November 2003. The Motor Accident Claims Tribunal and the Delhi High Court both …

DHARAMPAL & ORS.versusU.P. STATE ROAD TRANSPORT CORPN.

2008 INSC 631Disposed off

The case arose from a fatal road accident on 1 September 2004 in which a bus collided with a motorcycle, killing five occupants. The claimants filed a petition before the Motor Accident Claim Tribunal, which awarded Rs.3,50,100 in compensation with interest at 6% per annum. The Uttarakhand High …

NEW INDIAN ASSURANCE CO. LTD.versusROSHANBEN RAHEMANSHA FAKIR & ANR.

2008 INSC 641Appeal(s) allowed

The case concerned a claim for compensation under the Motor Vehicles Act, 1988 arising from an accident involving an auto‑rickshaw that was insured as a goods‑carrying public carrier. The insurer, New Indian Assurance Co., argued that it should not be liable because the driver, Salim Amadbhai, held …

K. JANARDHANversusUNITED INDIA INSURANCE CO. LTD. & ANR.

2008 INSC 624Appeal(s) allowed

The appellant, a tanker driver, lost his right leg up to the knee in a road accident and claimed compensation under the Workmen's Compensation Act, seeking Rs.5 lakh. The Commissioner determined his monthly earnings at Rs.2,000 and held that the loss of the leg resulted in 100% loss of earning …

NATIONAL INSURANCE CO. LTD.versusNITIN KHANDELWAL

2008 INSC 609Disposed off

The respondent's Mahindra Scorpio was stolen shortly after purchase and he filed a claim under a comprehensive motor insurance policy. The insurer rejected the claim, alleging that the vehicle was being used as a taxi, which violated the policy's terms for private use. The District Consumer Disputes …

STATE OF PUNJAB & ORS.versusBHAJAN KAUR & ORS.

2008 INSC 612Dismissed

The appeal concerned an accident that occurred in 1983 for which a claim under Section 92‑A of the Motor Vehicles Act, 1939 was awarded. The State of Punjab sought to increase the compensation by invoking Section 140 of the Motor Vehicles Act, 1988, which raised the no‑fault liability amount. The …

MANINDERJIT SINGH BITTAversusUNION OF INDIA & ORS.

2008 INSC 606Disposed off

Maninderjit Singh Bitta filed a writ petition seeking the implementation of the High Security Registration Plate (HSRP) scheme, which the Supreme Court had earlier mandated in Association of Registration Plates v. Union of India (2005). The petitioner alleged that despite the 2001 notifications and …

NATIONAL INSURANCE CO. LTD.versusYELLAMMA & ANR.

2008 INSC 594Case Partly allowed

The insurer, National Insurance Co. Ltd., issued a cover note for a mini‑bus after receiving a third‑party cheque for the premium, but the cheque was never encashed and the cover note was cancelled. The bus met with an accident and the victim, Yellamma, claimed compensation under s.166 of the Motor …

SUDHIR KUMAR RANAversusSURINDER SINGH & ORS.

2008 INSC 595Case Allowed

The appellant, a 17‑year‑old minor, was riding a two‑wheeler without a licence when he collided with a mini‑truck driven rashily by the respondent. He claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 30,000 but reduced it to Rs …

UNION OF INDIAversusPRABHAKARAN VIJAYA KUMAR & ORS.

2008 INSC 577Dismissed

The Supreme Court examined a claim for compensation under the Railways Act, 1989 after a bona‑fide passenger, Smt. Abja, fell onto the tracks while trying to board a moving train and was run over. The issue was whether such a fall fell within the expression “accidental falling of a passenger from a …

ORIENTAL INSURANCE CO. LTD.versusZAHARULNISHA & ORS.

2008 INSC 553Case Partly allowed

The Motor Accident Claims Tribunal awarded Rs. 3,01,500 as compensation to the family of Shukurullah, who died after being hit by a scooter driven by Ram Surat, who held only a Heavy Motor Vehicle licence and not a valid licence for a two‑wheeler. Oriental Insurance Co. Ltd., the insurer of the …

MACHINDRANATH KERNATH KASARversusD.S. MYLARAPPA & ORS.

2008 INSC 556Dismissed

A bus owned by the Karnataka State Road Transport Corporation collided with a truck, injuring several passengers and the bus driver. Both the passengers and the driver filed claim petitions under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal. The Tribunal held …

MG. DIR., BANGALORE METROPOLITAN TPT. CORP.versusSAROJAMMA & ANR.

2008 INSC 510Case Partly allowed

The case involved a claim under Section 163‑A of the Motor Vehicles Act for the death of an 18‑year‑old tutor in a bus accident. The Motor Accident Claims Tribunal awarded compensation of Rs 3,84,000 using a multiplier of 16 and deducted one‑third of the deceased’s estimated monthly income of Rs …

ORIENTAL INSURANCE CO. LTD.versusRAJNI DEVI & ORS.

2008 INSC 511Case Partly allowed

The heirs of Janak Raj, who died in a motorcycle accident along with a pillion rider, filed a claim under Section 163-A of the Motor Vehicles Act, 1988 for compensation. The Motor Vehicles Accident Claims Tribunal allowed the claim, treating the accident as arising from the use of the vehicle …

COMMON CAUSE (A REGD. SOCIETY)versusUNION OF INDIA & ORS.

2008 INSC 485Dismissed

Common Cause, a registered society, filed a public‑interest writ petition seeking comprehensive directions to the Union and State governments for licensing, driver training, road infrastructure, ambulance services, expert committees and a new Road Traffic Safety Act to curb road accidents. The Court …

M/S. GODAVARI FINANCE CO.versusDEGALA SATYANARAYANAMMA & ORS.

2008 INSC 479Case Allowed

The vehicle involved in a fatal accident was financed by M/s. Godavari Finance Co. under a hire‑purchase agreement, while the fourth respondent, Ch. Praveen Kumar, was the registered owner and in possession of the vehicle. The claimants filed a compensation claim against the driver, the owner, the …

UNITED INDIA INSURANCE CO. LTD.versusSURESH K.K. & ANR.

2008 INSC 456Case Allowed

The claimant, a coolie, hired a three‑wheeler auto‑rickshaw (a goods carriage) and was seated beside the driver when the vehicle overturned, causing serious injuries. He claimed compensation under Section 166 of the Motor Vehicles Act, asserting that he was covered by the compulsory insurance under …

NATIONAL INSURANCE COMPANY LTD.versusGEETA BHAT & ORS.

2008 INSC 426Dismissed

On 14 November 2000, Ishwar Dutt Bhat died in a road accident caused by a truck insured by National Insurance Co. Ltd. The driver, Gopal Singh, was later found to be holding a fake driving licence. The claimants, Bhat's legal heirs, filed a claim under Section 166 of the Motor Vehicles Act, 1988, …

LAXMI DEVI & OTHERSversusMOHAMMAD TABBAR & ANOTHER

2008 INSC 401Case Allowed

Rajendra Singh, aged 35, died in a motor accident. His wife and four minor daughters claimed compensation before the Motor Accidents Claims Tribunal, which used the notional income of Rs 15,000 per annum (as per the Second Schedule of Section 163‑A, Motor Vehicles Act) and a multiplier of 16, …

U.P. STATE ROAD TRANSPORT CORPORATIONversusCOMPOTAR

2008 INSC 331Disposed off

The Motor Accident Claims Tribunal awarded Rs 8,11,351 with 6% interest to the claimant under the Motor Vehicles Act, 1988. The Allahabad High Court, on appeal, directed the U.P. State Road Transport Corporation to deposit the entire award and invest it for payment to the claimant, without providing …

PANCHAM CHAND AND OTHERSversusSTATE OF HIMACHAL PRADESH AND OTHERS

2008 INSC 298Case Allowed

The appellants, bus owners, applied for stage carriage permits under the Motor Vehicles Act, 1988 before the Regional Transport Authority (RTA). Respondent No.4, a politically connected bus operator, bypassed the RTA and sought the permit directly from the Chief Minister, who issued an order …

COMMISSIONER OF CENTRAL EXCISE, T.N.versusM/S VINAYAGA BODY BUILDING INDUSTRY LTD.

2008 INSC 300Case Allowed

The respondent, Vinayaga Body Building Industry Ltd, manufactured motor cabs on duty‑paid chassis with a seating capacity of 12 passengers plus a driver. The chassis were invoiced by the manufacturer under sub‑heading 8706.29, but the Revenue classified the completed cabs under sub‑heading 8702.10, …

NATIONAL INSURANCE CO. LTD.versusPREMA DEVI & ORS.

2008 INSC 275Case Allowed

The claimant, a gratuitous passenger, was injured in an accident on 1 June 1996 while traveling in a goods carriage. The owner of the vehicle had not taken an insurance policy covering such passengers, and the insurer (National Insurance Co.) argued it was not liable for compensation. The Supreme …

THE ORIENTAL INSURANCE COMPANY LTD.versusSORUMAI GOGOI AND ORS.

2008 INSC 189Case Allowed

Bipul Gogoi, employed as a driver, disappeared on 9 October 1996 and was later declared a proclaimed offender for absconding with the vehicle. His parents claimed compensation under the Workmen Compensation Act, 1923, asserting his death in the course of employment. The Commissioner and the High …

ORIENTAL INSURANCE COMPANY LTD.versusJASHUBEN AND ORS.

2008 INSC 193Case Partly allowed

The Supreme Court examined an appeal by Oriental Insurance Company Ltd. against a compensation award to the heirs of Devjibhai Rathod, an ONGC assistant who died in a 1994 bus accident. The lower tribunals had calculated loss of dependency by incorporating ONGC's pay revisions that took effect from …

THE NEW INDIA INSURANCE COMPANYversusDARSHANA DEVI AND ORS

2008 INSC 182Disposed off

A labourer travelling on the mud‑guard of a tractor owned by three brothers was killed when the driver, the son of one owner, lost control of the vehicle. The driver had no licence and the tractor was being used for hire, contrary to the terms of the compulsory insurance policy. The heirs of the …

V. SUBBULAKSHMI & ORS.versusS.LAKSHMI & ANR.

2008 INSC 139Dismissed

A bus driver’s negligent driving caused the death of a man, whose legal heirs claimed compensation under the Motor Vehicles Act, 1988. The Claims Tribunal estimated the deceased’s monthly income at Rs 9,600 and awarded compensation accordingly, but the High Court reduced the income estimate to Rs …

THE APSRTC, REP. BY ITS GENERAL MANAGER AND ANR.versusM. RAMADEVI AND ORS.

2008 INSC 101Case Partly allowed

The appellant APSRTC filed an appeal against a Motor Accidents Claims Tribunal award of compensation for the death of its employee in a road accident. The Tribunal had based the award on a monthly salary of Rs.2,367 and a multiplier of 12, granting Rs.2,46,000 plus Rs.20,000 for non‑pecuniary …

ORIENTAL INSURANCE CO. LIMITEDversusPRITHVI RAJ

2008 INSC 96Case Allowed

Prithvi Raj owned a Mini Bus insured by Oriental Insurance. After an accident, he claimed compensation for damage to his own vehicle, but the insurer denied the claim, alleging that the driver did not possess a valid driving licence. The State Consumer Disputes Redressal Commission found that no …

NATIONAL INSURANCE COMPANY LTD.versusANNAPPA IRAPPA NESARIA AND ORS.

2008 INSC 82Dismissed

In 1999 a Matador Van, insured by National Insurance Company Ltd., met with an accident that caused the death of the wife of the plaintiff. The insurer contended that the driver, who held a licence for a "light motor vehicle" (LMV), was not authorized to drive the van, which was a goods‑carriage …

RAMESH SINGH & ANR.versusSATBIR SINGH & ANR.

2008 INSC 73Dismissed

The father and mother of Banu Pratap Singh, who died at age 22 in a motor accident, appealed against the compensation awarded under the Motor Vehicles Act, 1988. The trial court and the High Court had applied a multiplier of eight, based on the father's age of 55, to calculate loss of dependency. …

M/S UNITED INDIA INSURANCE CO. LTD.versusRAM PRAKASH RATURI

2008 INSC 75Case Allowed

The appellant, United India Insurance Co., rejected a claim for damages to a vehicle on the ground that the insurance policy was issued in the name of Roopa Sharma and that the vehicle had not been transferred to the claimant, Ram Prakash Raturi, at the time of insurance. The District Consumer Forum …

PREMKUMARI AND ORS.versusPRAHLAD DEV AND ORS.

2008 INSC 69Disposed off

The deceased, a carpenter, was killed when a truck owned by respondent No.1 and driven by respondent No.2 collided with his bicycle. The widow and minor children of the deceased filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation …

DEDDAPPA & ORS.versusTHE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD.

2007 INSC 1269Appeal(s) allowed

The appellant's daughter was killed when a tempo, owned and driven by Respondent No.2, ran over her. The vehicle was insured with National Insurance Co., but the insurer claimed the policy was cancelled because the premium cheque was dishonoured, invoking Section 64‑VB of the Insurance Act, 1938. …

NATIONAL INSURANCE COMPANY LTD.versusINDIRA SRIVASTAVA & ORS.

2007 INSC 1273Dismissed

The deceased, R.K. Srivastava, a salaried employee, died in a road accident and his wife and children claimed "just compensation" under Section 168 of the Motor Vehicles Act, 1988. The central issue was the proper computation of the deceased's total income for compensation – whether only basic …

NATIONAL INSURANCE CO. LTD.versusDEEPA DEVI AND ORS.

2007 INSC 1257Appeal(s) allowed

During the 1993 Assembly elections, a Maruti Gypsy owned by Respondent No.3 and insured by National Insurance Co. Ltd. was requisitioned by the Sub‑Divisional Magistrate under the Representation of the People Act. While the magistrate was travelling in the vehicle, it met with an accident that …

NEW INDIA ASSURANCE CO. LTD.versusPRABHU LAL

2007 INSC 1210Appeal(s) allowed

The complainant, Prabhu Lal, claimed compensation from New India Assurance Co. Ltd. after his Tata 709 vehicle was damaged in a collision with a Roadways bus. The insurer contended that the vehicle was a "transport vehicle" and was being driven by the complainant's brother, Ram Narain, who held only …

ORIENTAL INSURANCE CO. LTD.versusSMT. RAJ KUMARI AND ORS.

2007 INSC 1151Case Partly allowed

The conductor of a bus owned by Mewat Transport Co. died in a 1984 accident, and his widow, children and parents claimed Rs 1.40 lakh compensation. The Motor Vehicles Tribunal awarded Rs 57,600 with 12% interest, limiting the insurer's liability to Rs 50,000. The Punjab and Haryana High Court …

UNITED INDIA INSURANCE CO. LTD.versusSERJERAO AND ORS.

2007 INSC 1152Disposed off

Labourers travelling in trolleys attached to tractors were injured in motor accidents and claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation, rejecting the insurer's claim that it was not liable and that the tractor owner alone was …

SUNIL KUMARversusRAM SINGH GAUD AND ORS.

2007 INSC 1123Appeal(s) allowed

Sunil Kumar, a mini‑truck driver, was injured in a collision on 10 July 2003, sustaining three fractures and a 45% permanent disability. He claimed compensation under Section 166 of the Motor Vehicles Act for loss of earnings, but the Motor Accident Claims Tribunal awarded only Rs 45,000 for …

M/S. UNITED INDIA INSURANCE CO. LTD.versusDAVINDER SINGH

2007 INSC 1069Appeal(s) allowed

The owner of a motor vehicle insured with United India Insurance Co. Ltd. suffered an accident while the vehicle was being driven by a driver whose licence was later found to be forged. The owner filed a complaint under Section 12 of the Consumer Protection Act, 1986 alleging deficiency in service …

NATIONAL INSURANCE CO. LTD.versusCHOLLETI BHARATAMMA AND ORS.

2007 INSC 1086Disposed off

The case concerned several accidents in which passengers, often paying a nominal fare, were travelling in lorries classified as goods carriages. Claimants sought compensation from the insurers of the vehicle owners under Section 147 of the Motor Vehicles Act, 1988, arguing that the insurers were …

ORIENTAL INSURANCE CO. LTD.versusSYED IBRAHIM & ORS.

2007 INSC 930Case Partly allowed

A seven‑year‑old child died in a lorry accident on 20‑Nov‑1994. The Motor Accidents Claims Tribunal awarded Rs 51,500 compensation, which the Karnataka High Court enhanced to Rs 1,52,000 and directed the insurer, Oriental Insurance Co., to indemnify the award. The insurer appealed, contending that …

A.P.S.R.T.C. REP. BY ITS CHIEF LAW OFFICERversusM. PENTAIAH CHARY

2007 INSC 883Disposed off

The respondent, a 38‑year‑old carpenter with six dependents, was permanently disabled after being hit by a bus owned by the Andhra Pradesh State Road Transport Corporation on 26 January 1995. He claimed damages under Section 166 of the Motor Vehicles Act; the tribunal awarded Rs 85,000 and the High …

NATIONAL INSURANCE CO. LTD.versusANJANA SHYAM AND ORS.

2007 INSC 846Case Partly allowed

A bus with a statutory capacity of 42 passengers was overloaded with about 90 persons and met with an accident, causing 26 deaths and 63 injuries. Claimants filed compensation claims under Section 166 of the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal awarded compensation to all …

MRS. HAFIZUN BEGUMversusMD. IKRAM HEQUE & ORS.

2007 INSC 777Disposed off

The appellant, Hafizun Begum, the widow of a deceased motor‑vehicle accident victim, challenged an order allowing the deceased's brothers—who were not financially dependent on him—to claim compensation under the Motor Vehicles Act, 1988. The High Court had dismissed her claim, holding that the …

NEW INDIA ASSURANCE COMPANY LTD.versusSMT. SHANTI PATHAK AND ORS.

2007 INSC 739Case Partly allowed

The Supreme Court examined two motor accident death claims where the Motor Accidents Claims Tribunal had applied multipliers based on the age of the deceased to calculate loss‑of‑income compensation under Section 173 of the Motor Vehicles Act, 1988. In the first case, a 25‑year‑old deceased’s …

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

2007 INSC 734Disposed off

The General Insurance Council filed a writ petition seeking a direction to all State Governments and Union Territories to ensure that police officers comply with Section 158(6) of the Motor Vehicles Act, 1988, which obliges them to forward accident reports to the appropriate Claims Tribunal and …

SMT. YALLWWA AND ORS.versusNATIONAL INSURANCE CO. LTD. AND ANR.

2007 INSC 605Dismissed

The appellants, heirs of victims of a tractor‑trailer accident, filed claim petitions under Section 140 of the Motor Vehicles Act, 1988, seeking compensation from the vehicle owner and the insurer. The Claims Tribunal ordered both the owner and the insurer to deposit a fixed sum for each deceased. …

ORIENTAL INSURANCE CO. LTD.versusPREMLATA SHUKLA AND ORS.

2007 INSC 586Appeal(s) allowed

A collision between a Tempo Trax and an untraced truck resulted in the death of a passenger. A claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed against the driver, owner and insurer of the Tempo, but the Motor Vehicles Accident Claims Tribunal dismissed it, finding no rash …

ORIENTAL INSURANCE CO.LID.versusBRIJ MOHAN AND ORS.

2007 INSC 589Disposed off

Brij Mohan, a labourer, was riding on a trolley attached to a tractor that was transporting earth to a brick kiln when the driver negligently lost control, causing Mohan to fall and sustain grievous injuries. The tractor was insured by Oriental Insurance Company only for agricultural use, and the …

KAUSHALYA DEVIversusSHRI KARAN ARORA AND ORS.

2007 INSC 573Dismissed

A claim petition under Sections 166, 140 and 141 of the Motor Vehicles Act, 1988 was filed by the husband of Kaushalya Devi after their 14‑year‑old son died in a road accident. The driver, Karan Arora, was a minor without a licence; the Tribunal held the driver not liable but held the vehicle owner …

ORIENTAL INSURANCE COMPANY LIMITEDversusMEENA VARIYAL AND ORS.

2007 INSC 359Appeal(s) allowed

Suresh Chandra Variyal, a regional manager, died in a motor accident while using a company car insured under the Motor Vehicles Act, 1988. His widow and daughter filed a claim under Section 166 against the employer and Oriental Insurance Company. The Motor Accidents Claims Tribunal held the employer …

SMT. MANJURI BERAversusTHE ORIENTAL INSURANCE COMPANY LTD. AND ANR.

2007 INSC 356Appeal(s) allowed

The appellant, a married daughter of a deceased motor‑vehicle accident victim, filed a claim petition under Section 140(2) of the Motor Vehicles Act, 1988. The insurer contended that she was not entitled to compensation because she was not financially dependent on her father. The Motor Accident …

ISHWAR CHANDRA AND ORS.versusTHE ORIENT AL INSURANCE CO. LTD. AND ORS.

2007 INSC 261Dismissed

A motor accident on 28‑April‑1995 caused the death of a woman and injury to her son. The driver of the insured tractor had a licence that expired on 27‑August‑1994 and no renewal application had been filed before the accident. The Motor Accidents Claims Tribunal awarded compensation, and the insurer …

THE MANAGING DIRECTOR, TNSTCversusSRIPRIYAND ORS.

2007 INSC 264Case Partly allowed

The widow of a bus driver employed by the Tamil Nadu State Transport Corporation (TNSTC) filed a claim for Rs.15,00,000 after his death in a bus accident. The Motor Accident Claims Tribunal awarded Rs.7,72,000 using a multiplier of 16 and 9% interest, also allowing amounts for loss of happiness, …

NATIONAL INSURANCE CO. LTD.versusLAXMI NARAIN DHUT

2007 INSC 245Appeal(s) allowed

The Supreme Court considered whether the principles laid down in National Insurance Co. Ltd. v. Swaran Singh (2004) apply to insurance claims other than third‑party risks, particularly own‑damage claims. It held that Section 149 of the Motor Vehicles Act, 1988, which imposes a duty on insurers to …

NEW INDIA ASSURANCE CO. LTD.versusVEDWATI AND ORS.

2007 INSC 172Appeal(s) allowed

The case involved a tractor classified as a "goods carriage" that was carrying a passenger who died in an accident. The deceased's dependents filed a claim under the Motor Vehicles Act, 1988 seeking compensation from the insurer, New India Assurance Co. Ltd. The Motor Accident Claims Tribunal and …

DIVISIONAL CONTROLLER, G.S.R.T.C.versusKADARBHAI J. SUTHAR

2007 INSC 135Appeal(s) allowed

The respondent, a driver for the Gujarat State Road Transport Corporation, caused a fatal accident; he was acquitted in the criminal trial but the corporation dismissed him after departmental proceedings found him guilty of misconduct. The Labour Court reinstated him without back wages, citing the …

NATIONAL INSURANCE CO.LTD.versusMAM CHAND AND ANR.

2007 INSC 85Appeal(s) allowed

Mam Chand filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for injuries caused by a motorcycle driven by Mohinder Pal. The Motor Accident Claims Tribunal held National Insurance Co. liable to pay Rs.60,000. The insurer appealed, contending that the vehicle was not insured at …

THE NEW INDIA ASSURANCE COMPANY LIMITEDversusSMT. KALPANA & OTHERS

2007 INSC 61Case Partly allowed

The deceased, Vijay Singh Dogra, aged 33, died in a road accident caused by a parked truck violating traffic rules. His dependents filed a claim under Section 173 of the Motor Vehicles Act, 1988 for compensation. The Motor Accident Claims Tribunal dismissed the claim, attributing negligence to the …

ORIENTAL INSURANCE CO. LTD.versusJHUMA SAHA AND ORS.

2007 INSC 47Appeal(s) allowed

The owner of a Maruti van, who was also the insured, died while driving the vehicle after it collided with a tree. The heirs filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeking compensation from the insurer, Oriental Insurance Co. Ltd. The insurer contended that the policy was a …

MAHARASHTRA STATE ROAD TRANSPORT CORPORATIONversusLALNIPUII

2006 INSC 1010Disposed off

The mother of a 31‑year‑old government employee who died in a bus accident filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accidents Claims Tribunal awarded Rs 12 lakh with 15% interest, using a multiplier based on the deceased's age. The appellant, Maharashtra State …

THE NEW INDIA ASSURANCE CO. LTD.versusSMT. AFROZ BI AND ORS.

2006 INSC 930Case Partly allowed

On 17 August 1992 a motor vehicle involved in a fatal accident was insured with National Insurance Company Ltd. for the period 5 October 1991 to 4 October 1992. New India Assurance Co. Ltd. issued a policy covering a later period (7 November 1992 to 6 November 1993) and the premium cheque for that …

NEW INDIA ASSURANCE CO. LTD.versusSATENDER AND ORS.

2006 INSC 807Appeal(s) allowed

A nine‑year‑old child was killed by a truck insured by New India Assurance. The claimants filed a petition under Section 166 of the Motor Vehicles Act, 1988 and the Motor Accidents Claims Tribunal (MACT) awarded Rs 4,45,000 as compensation, calculating a notional income of Rs 30,000 per annum and …

HARDEV MOTOR TRANSPORTversusSTATE OF M.P. AND ORS.

2006 INSC 742Appeal(s) allowed

Hardey Motor Transport, a holder of contract‑carriage permits, was alleged to be using its buses as stage‑carriage vehicles. The vehicles were detained and the State demanded duty as if the buses were being plied without any permit, even though the appellants had already paid tax at the higher rate …

LAL CHANDversusORIENTAL INSURANCE CO. LTD.

2006 INSC 537Appeal(s) allowed

The owner of a truck employed a driver, examined his licence and conducted a driving test, concluding the driver was competent. The truck met with an accident and the insurer paid compensation to the claimants. The insurer later sought recovery, arguing the driver’s licence was fake and that the …

ADMINISTRATOR, B.S.R.T.C.versusRANJANA MAJHI AND ORS.

2006 INSC 440Case Partly allowed

An accident caused the death of Basudev Majhi involving a vehicle of the B.S.R.T.C. corporation and a police jeep. The Motor Vehicles Claims Tribunal, applying Section 166 of the Motor Vehicles Act, awarded Rs.2,30,400 in compensation and directed the corporation and the Superintendent of Police, …

UP STATE ROAD TRANSPORT CORPORATIONversusKRISHNA BALA AND ORS.

2006 INSC 426Case Partly allowed

The appellant, U.P. State Road Transport Corporation, challenged the award of Rs.5,12,000 made by a Motor Accident Claims Tribunal to the widows and children of Rajveer Singh, who died in a motor accident on 29‑Nov‑1990. The Tribunal had used a multiplier of 22, based on the deceased’s presumed 22 …

NEW INDIA ASSURANCE CO. LTD.versusHARSHADBHAI AMRUTBHAI MODHIYAND ANR.

2006 INSC 263Appeal(s) allowed

An employer had taken a Workmen's Compensation insurance policy with New India Assurance. After a workman's death, the Workmen's Compensation Commissioner awarded Rs. 2,25,220 plus 9% interest and directed the insurer to pay the amount. The insurer appealed, contending that its policy expressly …

UNITED INDIA INSURANCE CO. LTD., SHIMLAversusTILAK SINGH AND ORS.

2006 INSC 199Appeal(s) allowed

The appellant insurer had issued a statutory third‑party motor insurance policy for a scooter sold by respondent No.5 to respondent No.1 in March 1989, but no notice of the transfer was given to the insurer. The scooter was involved in an accident on 31 October 1989, after the Motor Vehicles Act, …

NATIONAL INSURANCE CO. LTD.versusSMT. KUSUM RAI AND ORS.

2006 INSC 176Dismissed

A taxi insured with National Insurance Co. was driven by a Khalasi who held only a Light Motor Vehicle licence, not a licence for a commercial vehicle. The vehicle met with an accident, resulting in the death of a 12‑year‑old girl. The claimants filed a petition under Sections 163A and 166 of the …

BIJOY KUMAR DUGARversusBIDYADHAR DUTT AND ORS.

2006 INSC 131Appeal(s) allowed

The case involved a head‑on collision between a car and a bus in which the car driver, Raj Kumar Dugar, died. His parents claimed compensation from the Motor Accidents Claims Tribunal (MACT), which awarded a sum based on his present earnings, applied a multiplier, and held both drivers equally …

KANCHAN AND ORS.versusSTATE TRANSPORT APPELLATE TRIBUNAL AND ORS.

2006 INSC 31Dismissed

The Supreme Court examined whether permits granted by the Uttar Pradesh State Transport Authority (STA) under Section 68(3)(b) of the Motor Vehicles Act, 1988 were legally valid. The STA had issued 48 permits without any applications, on the same day it purportedly assumed the power to grant …

VISHNU DUTT AND ORS.versusSTATE OF RAJASTHAN AND ORS.

2005 INSC 618Dismissed

The dispute concerned the validity of inter‑State stage‑carriage permits issued under Section 88 of the Motor Vehicles Act, 1988. A 1968 reciprocal transport agreement between Rajasthan and Haryana fixed a ceiling of 13 permits, which had to be countersigned by the other State. The Rajasthan State …

NATIONAL INSURANCE COMPANY LTD.versusMASTAN AND ANR.

2005 INSC 611Appeal(s) allowed

Mastan, a cleaner employed by the owner of a lorry insured by National Insurance Company Ltd., was injured (45‑50% disability) in a road accident while driving the employer's vehicle. He filed a claim under the Workmen's Compensation Act, 1923 and obtained an award of compensation payable by the …

PARAMJIT BHASIN AND ORS.versusUNION OF INDIA AND ORS.

2005 INSC 556Disposed off

The petitioners challenged state government notifications that allowed vehicles to continue carrying excess load after the offence had been compounded under Section 200 of the Motor Vehicles Act, 1988. The Court examined the provisions of Sections 113, 114, 194 and 200, holding that Section 200 only …

THE MANAGING DIRECTOR, TNSTC LTD.versusK.I. BINDU AND ORS.

2005 INSC 485Appeal(s) allowed

A bus owned by the appellant corporation collided with a motorcycle ridden by Satheesh Kumar, aged 34, who died. The widow, children and mother filed a claim under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal calculated an annual dependency of Rs 46,752, applied a …

STATE OF U.P. AND OTHERSversusSUKHPAL SINGH BAL ETC. ETC.

2005 INSC 398Appeal(s) allowed

The State of Uttar Pradesh seized a tanker operating under a national permit for failing to pay the additional tax required under the Uttar Pradesh Motor Vehicles Taxation Act, 1997, and ordered the owner to pay the tax plus a ten‑times penalty under Section 10(3). The owner challenged the penalty …

NATWAR PARIKH AND CO. LID.versusSTATE OF KARNATAKA AND ORS.

2005 INSC 393Dismissed

Natwar Parikh & Co. Ltd., a transporter of heavy equipment, used tractors (registered as non‑transport vehicles) coupled with trailers (registered as transport vehicles) to move transformers into Karnataka. The Karnataka taxation authority issued demand notices demanding motor‑vehicle tax on the …

NATIONAL INSURANCE CORPORATION LTD.versusKANTI DEVI AND ORS.

2005 INSC 269Disposed off

The claimant, Kanti Devi, filed a claim before the Motor Accident Claims Tribunal (MACT) for compensation under the Motor Vehicles Act, 1988 for the death of her son in a road accident. The insurer, National Insurance Corporation Ltd., contended that the driver of the vehicle did not hold a licence …

A.P.S.R.T.C.versusREGIONAL TRANSPORT AUTHORITY AND ORS.

2005 INSC 234Reference answered

The Andhra Pradesh State Road Transport Corporation (the Corporation) framed a scheme under s.99 of the Motor Vehicles Act, 1988 to nationalise the mofussil service in West Godavari district, excluding all private operators on the notified routes and on any routes overlapping them. The scheme …

TAMIL NADU STATE TRANSPORT CORPORATION LTD.versusS. RAJAPRIYA AND ORS.

2005 INSC 219Appeal(s) allowed

The Tamil Nadu State Transport Corporation appealed a Motor Vehicles Accident Compensation Claim Tribunal award that granted Rs.6,09,552 to the widow and child of a 38‑year‑old employee who died in a road accident, using a multiplier of 16 under Section 166 of the Motor Vehicles Act, 1988. The …

NATIONAL INSURANCE CO. LTD.versusPREMBAI PATEL AND ORS.

2005 INSC 212Disposed off

The driver of a goods truck insured by National Insurance Co. Ltd. died in an accident, and his family claimed compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal dismissed the claim, but the Madhya Pradesh High Court awarded Rs. 2,10,000 and directed …

NEW INDIA ASSURANCE CO. LTD.versusCHARLIE AND ANR.

2005 INSC 164Appeal(s) allowed

The appellant insurer challenged a Kerala High Court order that awarded compensation to the claimant, who suffered a 100% permanent disability in a motor accident. The dispute centered on the appropriate deduction for personal expenditure and the multiplier to be applied in computing the lump‑sum …

STATE OF TAMIL NADUversusM. KRISHNAPPAN AND ORS.

2005 INSC 157Appeal(s) allowed

The Tamil Nadu Motor Vehicles Taxation Act, 1974 was amended in 1998 to introduce a one‑time "life‑time tax" for vehicles registered on or after 1 July 1998, calculated on a "weight‑cum‑value" index. The tax was challenged as unconstitutional, discriminatory, and beyond the State's power under Entry …

ASSOCIATION OF REGISTRATION PLATESversusUNION OF INDIA AND ORS.

2004 INSC 682Dismissed

The Supreme Court examined the scheme for High Security Registration Plates introduced under Rule 50 of the Motor Vehicle Rules, 1989 and the 2001 statutory order issued under Section 109(3) of the Motor Vehicles Act, 1988. Petitioners challenged the tender conditions – requiring foreign experience, …

U.P. STATE ROAD TRANSPORT CORPORATIONversusSTATE OF U.P. AND ANR.

2004 INSC 678Appeal(s) allowed

The Uttar Pradesh State Road Transport Corporation (UPSRTC) prepared a draft scheme on 13‑Feb‑1986 to nationalise 39 bus routes under Section 68‑C of the Motor Vehicles Act, 1939. After objections were filed, the Motor Vehicles Act, 1988 came into force and the competent authority declared the …

CHANDIGARH ADMINISTRATION AND ORS.versusNAMIT KUMAR AND ORS.

2004 INSC 555Disposed off

The Supreme Court heard appeals by the Chandigarh Administration challenging several directions issued by the Punjab and Haryana High Court in a public‑interest litigation concerning air and noise pollution, traffic congestion and road safety. The High Court had treated the recommendations of a …

DHANRAJversusNEW INDIA ASSURANCE CO. LTD. AND ANR.

2004 INSC 549Leave Granted & Dismissed

The owner of a Jeep, who had a comprehensive motor insurance policy, was injured along with passengers in an accident. The Motor Accident Claims Tribunal ordered both the driver and the insurer to pay compensation to the owner, but the insurer appealed and the High Court held it not liable. The …

NATIONAL INSURANCE CO. LTD.versusCHALLA UPENDRA RAO AND ORS.

2004 INSC 537Leave Granted & Disposed off

Three persons were travelling in an auto‑rickshaw that met with an accident, resulting in two deaths and one serious injury. The vehicle belonged to Challa Upendra Rao, who had no permit to ply the vehicle for hire or reward. The claimants filed petitions for compensation under the Motor Vehicles …

NATIONAL INSURANCE CO. LTD.versusV. CHINNAMMA AND ORS.

2004 INSC 472Leave Granted & Allowed

The deceased, a vegetable trader, was traveling in a tractor with a trailer when he fell and died after the vehicle was driven at high speed. His heirs claimed compensation under Section 147(1) of the Motor Vehicles Act, 1988, arguing that the insurer was liable for the death of the owner of the …

SRI PRAMOD KUMAR AGRAWAL AND ORS.versusSMT. MUSHTARI BEGUM AND ORS.

2004 INSC 455Leave Granted & Disposed off

A goods truck carrying passengers overturned, resulting in the death of a passenger. The claimants filed a petition under Section 166 of the Motor Vehicles Act seeking compensation. The Motor Accident Claims Tribunal and the Allahabad High Court held that the vehicle owner, not the insurer, was …

ASSOCIATION OF REGISTRATION PLATESversusUNION OF INDIA AND ORS.

2004 INSC 386Matter referred to larger bench

The petitioners challenged Clause 4(x) of the Motor Vehicles (New High Security Vehicle Registration Plates) Order, 2001 and the eligibility conditions in various State NITs, alleging that they created a monopoly in favour of a single private manufacturer, violating Article 19(1)(g) of the …

STATE OF ANDHRA PRADESH AND ORS.versusB. NOORULLA KHAN AND ORS.

2004 INSC 366Case Partly allowed

The State of Andhra Pradesh appealed against a Division Bench of the Andhra Pradesh High Court that had struck down Andhra Pradesh Motor Vehicles Rules 297‑A(1)(c) and 297‑A(6)(f) as ultra vires the Motor Vehicles Act, 1988 and Article 19(1)(g). The respondents, holders of contract‑carriage permits …

CAPTAIN SUBE SINGH AND ORS.versusLT. GOVERNOR OF DELHI AND ORS.

2004 INSC 329Case Partly allowed

The appellants, private stage‑carriage operators, challenged a Delhi Government notification dated 31‑12‑1999 issued under Section 67 of the Motor Vehicles Act, 1988, which (i) raised the fees for using DTC bus shelters and terminals and (ii) made all DTC concessional passes binding on private …

NEW INDIA ASSURANCE CO. LTD.versusKIRAN SINGH AND ORS.

2004 INSC 321Dismissed

An Assistant Engineer died in a bus accident; his wife claimed compensation from New India Assurance, the insurer of the vehicle. The Tribunal awarded Rs 6,25,000 with a 43‑multiplier and 12% interest, relying on a carbon copy of the policy produced by the bank manager. The High Court upheld the …

DEEPAL GIRISHBHAI SONI AND ORS.versusUNITED INDIA ASSURANCE CO. LTD., BARODA

2004 INSC 184Dismissed

The appellants, children of deceased victims, filed parallel claims under Section 163-A (structured no‑fault compensation) and Section 166 (fault‑based compensation) of the Motor Vehicles Act, 1988. The High Court treated the Section 163‑A award as interim and allowed the claimants to retain the …

ORIENTAL INSURANCE CO. LTD.versusSHRI NANJAPPAN AND ORS.

2004 INSC 106Disposed off

An accident occurred on 15 September 1990 and the claimants filed a petition under the Motor Vehicles Act, 1988 seeking compensation. The Motor Accident Claims Tribunal held that only the vehicle owner (the insured) was liable, rejecting any liability on the insurer. The Madras High Court, relying …

FAKEERAPPA AND ANR.versusKARNATAKA CEMENT PIPE FACTORY AND ORS.

2004 INSC 107Case Partly allowed

The parents of a 27‑year‑old deceased filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accident Claim Tribunal awarded compensation using a multiplier of 18, deducted 50% of the deceased's monthly income for personal expenses, and fixed interest at 6% per annum. The High …

PUNAM DEVI AND ANR.versusDIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD. AND ORS.

2004 INSC 103Appeal(s) allowed

In a motor accident, Sanjiv Kumar Jha died and his heirs obtained a compensation award of Rs. 3,91,500 from the Motor Accident Claims Tribunal, Bhagalpur. The insurer, New India Assurance Co., appealed, first to a Single Judge of the Patna High Court, which dismissed the appeal as non‑maintainable, …

NATIONAL INSURANCE CO. LTD.versusKESHAV BAHADUR AND ORS.

2004 INSC 44Appeal(s) allowed

The deceased was killed in a road accident and his sons filed a claim under Section 109 of the Motor Vehicles Act, 1939. The insurer’s policy limited third‑party liability to Rs 50,000 and the premium paid was Rs 240. The Motor Vehicles Tribunal awarded compensation of Rs 72,000 with interest at 12% …

M/S. NATIONAL INSURANCE CO. LTD.versusBALJIT KAUR AND ORS.

2004 INSC 19Case Partly allowed

The case concerned a claim for compensation by the family of a 16‑year‑old who died as a gratuitous passenger in a goods vehicle insured by National Insurance Co. Ltd. The Motor Accident Claims Tribunal and the Punjab & Haryana High Court had held the insurer liable, relying on the earlier Satpal …

NEW INDIA ASSURANCE CO. LTD.versusMANJIT KAUR AND ORS.

2004 INSC 11Dismissed

The petitioners, Manjit Kaur and others, claimed compensation for injuries sustained in a motor accident. The driver of the offending Maruti car was found to be unlicensed and also the vehicle's owner. The Motor Accident Claims Tribunal awarded compensation and permitted New India Assurance Co. …

NATIONAL INSURANCE CO. LTD.versusBHAGWANI AND ORS.

2004 INSC 12Dismissed

The case concerned a motor accident in which the driver possessed only a learner's licence. National Insurance Co. Ltd., the insurer, challenged the award of compensation on the ground that a learner's licence did not constitute a valid licence under the Motor Vehicles Act, 1988. A Special Leave …

NATIONAL INSURANCE CO. LTD.versusRAM KALI AND ORS.

2004 INSC 2Dismissed

The case arose from a motor accident involving a Maruti Van owned by the respondents. A claim for compensation was filed under the Motor Vehicles Act, 1988 against National Insurance Co. Ltd. The Motor Accident Claims Tribunal awarded compensation even though it found that the respondents had …

NATIONAL INSURANCE CO. LTD.versusSAVITRI DEVI AND ORS.

2004 INSC 3Dismissed

The case arose from a motor accident in which the vehicle was being driven by the first respondent without a valid licence. The claimant, Savitri Devi, filed a claim for compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal held that National Insurance Co. Ltd., the …

NATIONAL INSURANCE CO. LTD.versusSWARAN SINGH AND ORS.

2004 INSC 4Dismissed

The Supreme Court examined a batch of Special Leave Petitions challenging awards of Motor Vehicles Claims Tribunals where National Insurance Co. Ltd. sought to avoid liability under Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988 on grounds that the vehicle was driven by a person without a …

M.P.A.L.T. PERMIT OWNERS ASSN. AND ANR.versusSTATE OF MADHYA PRADESH

2003 INSC 681Appeal(s) allowed

The Madhya Pradesh Motor Vehicle Taxation Act, 1991 (as amended in 1999) inserted sections permitting confiscation of a vehicle for non‑payment of tax, linking the power to offences under the Motor Vehicles Act, 1988 (Section 66 read with Section 192‑A). Petitioners challenged these provisions as …

THE NEW INDIA ASSURANCE CO. LTD.versusC. PADMA AND ANR.

2003 INSC 475Dismissed

The respondents were injured in a motor accident on 18 February 1989 and filed a claim petition for compensation on 2 November 1995. The appellant, New India Assurance Co., argued that the claim was barred by the six‑month limitation prescribed in Section 166(3) of the Motor Vehicles Act, 1988 (as …

NATIONAL INSURANCE CO. LTD.versusAJIT KUMAR AND ORS.

2003 INSC 446Appeal(s) allowed

The insurer, National Insurance Co., appealed against a tribunal and High Court order that held it liable to pay compensation under the Motor Vehicles Act, 1988 for the death of a person travelling as a passenger in a goods carriage. The Supreme Court examined whether the Act imposes a statutory …

UNITED INDIA INSURANCE CO. LTD.versusJYOTSNABEN SUDHIRBHAI PATEL AND ORS.

2003 INSC 381Appeal(s) allowed

The legal heirs of a deceased motor‑accident victim claimed compensation from United India Insurance Co. Ltd. The driver and vehicle owner failed to file a written statement or give evidence, leading the Motor Accident Claims Tribunal to draw adverse inference and award Rs. 32.5 lakh. United India …

STATE OF HARYANA AND ANR.versusJASBIR KAUR AND ORS.

2003 INSC 368Appeal(s) allowed

The deceased, an agriculturist, died in a motor accident and his widow and minor son claimed compensation of Rs 10 lakhs under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded Rs 6.5 lakhs based on an assumed monthly income of Rs 4,500, which the State of …

THE DIVISIONAL CONTROLLER, KSRTCversusMAHADEVA SHETTY AND ANR.

2003 INSC 357Appeal(s) allowed

Mahadeva Shetty, a mason, suffered 100% disability after a bus owned by the Karnataka State Road Transport Corporation (KSRTC) plunged into a ravine. He claimed compensation under Section 166 of the Motor Vehicles Act, 1988 and the Tribunal awarded Rs.2.20 lakhs. The Karnataka High Court enhanced …

RAMASHRAY SINGHversusNEW INDIA ASSURANCE CO. LTD. AND ORS.

2003 INSC 327Dismissed

The appellant, owner of a passenger‑carrying vehicle, insured the vehicle with New India Assurance Company. A khalasi (crew member) employed by the appellant died in an accident. The heirs claimed compensation under the Workmen's Compensation Act against both the appellant and the insurer. The …

STATE OF WEST BENGAL AND ANR.versusE.I.T.A. INDIA LTD. AND ORS.

2003 INSC 150Appeal(s) allowed

The State of West Bengal challenged the constitutional validity of several provisions of the West Bengal Sales Tax Act, 1994 and its 1995 Rules, including Section 2(6), the explanation to Section 11, and Section 14(4), as well as Rules 172, 173, 174, 188 and 189. The respondents argued that these …

UNITED INDIA INSURANCE COMPANY LTD.versusLEHRU AND ORS.

2003 INSC 133Dismissed

The Supreme Court examined an appeal by United India Insurance Company Ltd, which sought to avoid liability for a motor accident on the ground that the driver’s licence was allegedly fake. The accident involved a vehicle driven by Janu, who presented a licence that appeared genuine; the insurer …

ABATI BEZBARUAHversusDIRECTOR GENERAL GEOLOGICAL SURVEY OF INDIA AND ANR.

2003 INSC 92Case Partly allowed

The wife of the deceased, Dr. Ramani Kanta Bezbaruah, claimed compensation after her husband died in a road accident. The Motor Accident Claims Tribunal awarded Rs. 2,50,200 with 6% interest, which the Gauhati High Court enhanced in both compensation and interest (to 8%). The appellant contended …

ORIENTAL INSURANCE COMPANY LTD.versusDEVIREDDY KONDA REDDY AND ORS. ETC. ETC.

2003 INSC 33Appeal(s) allowed

Certain goods vehicles insured by Oriental Insurance Company were involved in accidents that killed unauthorised or gratuitous passengers. Claims were filed under the Motor Vehicles Act, 1988 and the Motor Accident Claims Tribunal held the insurer liable for compensation. The High Court upheld that …

SADHANA LODHversusNATIONAL INSURANCE COMPANY LTD. AND ANR.

2003 INSC 32Appeal(s) allowed

The claimant's son died in a motor vehicle accident and the Motor Accident Claims Tribunal awarded Rs. 3,50,000 as compensation. The insurer, National Insurance Co., filed writ petitions under Articles 226 and 227 of the Constitution challenging the award, but the High Court initially dismissed the …

NAGAPPAversusGURUDAYAL SINGH AND ORS.

2002 INSC 504Appeal(s) allowed

Nagappa, a poor agriculturist who lost his right leg in a road accident, claimed compensation under the Motor Vehicles Act, 1988. The Claims Tribunal awarded a modest sum, which the Karnataka High Court later enhanced and also ordered payment for an artificial leg. Nagappa then sought to amend his …

NEW INDIA ASSURANCE CO. LTD.versusASHA RANI AND ORS.

2002 INSC 513Appeal(s) allowed

The case concerned whether an insurer is liable to pay compensation to the dependents of a passenger who died while travelling in a goods carriage that met with an accident. The Motor Accident Tribunal had held the insurer liable, relying on the earlier decision in New India Assurance Co. v. Satpal …

NATIONAL INSURANCE CO. LTD., CHANDIGARHversusNICOLLETTA ROHTAGI AND ORS.

2002 INSC 389Disposed off

The Supreme Court examined whether a motor insurer can appeal a Motor Accidents Claims Tribunal award under Section 173 of the Motor Vehicles Act, 1988 when the insured has not filed an appeal. It held that an insurer’s right of appeal is limited to the statutory defences listed in Section 149(2) …

H.S. AHAMMED HUSSAIN AND ANR.versusIRFAN A. HAMMED AND ANR.

2002 INSC 297Appeal(s) allowed

The appellants, parents of two coolies killed in a motor accident, claimed compensation under the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal awarded compensation based on a monthly income of Rs.3,000 per victim, applying multipliers of 13 and 14 and interest at 6% per annum. The …

P. KLRAN KUMARversusA.S. KHADAR AND ORS.

2002 INSC 258Appeal(s) allowed

P. Kiran Kumar, a minor, claimed compensation under the Motor Vehicles Act after a road accident. The Motor Accident Claims Tribunal awarded a partial sum ex parte because the respondents withdrew their defence. The respondents appealed the award, but the High Court dismissed the appeal as barred by …

ABDUL HAI KHANversusSUBAL CHANDRA GHOSE AND ORS.

2002 INSC 198Disposed off

The appellants, private stage‑carriage operators, held permits issued under the 1963 nationalisation scheme (as modified in 1980) and claimed that the Regional Transport Authority (RTA) could not grant permits to other private operators on routes overlapping those nationalised routes. They sought a …

SUBHASH CHANDER AND ANR.versusSTATE TRANSPORT APPELLATE TRIBUNAL AND ORS.

2002 INSC 163Appeal(s) allowed

The appellants applied for mini‑bus permits on the Dasuya‑Jalalpur via Miani route under the liberalised scheme of Section 80 of the Motor Vehicles Act, 1988. Their applications were rejected by the State Transport Commissioner, but the State Transport Appellate Tribunal (STAT) allowed the appeals …

UNITED INDIA INSURANCE CO. LTD.versusBHUSHAN SACHDEVA AND ORS.

2002 INSC 34Disposed off

The Motor Accident Claims Tribunal awarded Rs. 12.53 lakh in compensation for a 1994 accident, directing United India Insurance Co. to pay the amount jointly with the driver, while the insured driver did not appeal. United India Insurance Co. filed a revision petition under Article 227 of the …

M/S. SHARMA TRANSPORT REP. BY SHRI D.P. SHARMAversusGOVERNMENT OF A.P. AND ORS.

2001 INSC 589Dismissed

The Supreme Court dismissed appeals by Sharma Transport and other tourist bus operators challenging the Andhra Pradesh Government's cancellation of a tax concession for tourist vehicles. The operators argued that the concession, granted based on a 1993 letter from the Union Government, could not be …

JAGDIP SINGHversusJAGIR CHAND AND ANR.

2001 INSC 496Leave Granted & Allowed

The State Transport Appellate Tribunal granted permits to certain applicants to operate mini‑buses on specific routes in Punjab. Existing private permit‑holders challenged the grant, and the Punjab and Haryana High Court set aside the tribunal’s order. On appeal, the Supreme Court examined whether …

DR. T. V. JOSEversusCHACKO P.M. @ THANKACHAN AND ORS.

2001 INSC 465Dismissed

A passenger died in a car accident on 9 April 1987. The claimants filed a suit before the Motor Accidents Claims Tribunal against the appellant (Dr. T.V. Jose), the driver and the insurer. The appellant asserted that he had transferred ownership of the car before the accident, but the transfer was …

NAGASHETTYversusUNITED INDIA INSURANCE CO. LTD. AND ORS.

2001 INSC 375Disposed off

The case arose from a road accident in which a tractor pulling a stone‑laden trailer struck two pedestrians, one of whom died. The victims' legal representatives claimed compensation under the Motor Accident Claims Tribunal, which directed the insurer to pay. The insurer appealed, contending that …

RAMESH KUMARversusNATIONAL INSURANCE CO. LTD. AND ORS.

2001 INSC 378Disposed off

The Supreme Court examined a large batch of appeals concerning compensation claims arising from deaths or injuries of persons travelling in goods vehicles. The claimants argued that the insurer was liable under Section 95 of the Motor Vehicles Act, 1939 and Section 147 of the Motor Vehicles Act, …

NEW INDIA ASSURANCE CO. LTD.versusASHA RANI AND ORS.

2001 INSC 379Directions issued

The Supreme Court examined the liability of an insurer under the Motor Vehicles Act, 1939 and the Motor Vehicles Act, 1988 for compensation to gratuitous passengers and owners or representatives of goods vehicles. It held that under the 1939 Act, Section 95(1)(b) excludes the insurer from such …

CHANDRA KANTA SINHAversusORIENTAL INSURANCE CO. LTD. AND ORS.

2001 INSC 280Appeal(s) allowed

The appellant, owner of a truck involved in a fatal accident, challenged an interim compensation order of Rs. 50,000 passed by the trial court. The High Court Single Judge allowed the appellant's appeal, prompting the respondents to file a Letters Patent Appeal (LPA) under Clause 10 of the Patna …

SMT. LAXMIBAIversusKARNATAKA STATE ROAD TRANSPORT CORPORATION, BANGALORE

2001 INSC 278Appeal(s) allowed

Sm. Laxmibai was traveling in a Karnataka State Road Transport Corporation bus (No. CAF 3590) on 26 February 1989 when a stone caused the bus window glass to break, and a fragment struck her right eye, resulting in 35% visual disability. She filed a claim before the Motor Accident Claims Tribunal …

GAJRAJ SINGH AND ORS.versusSTATE OF U.P. AND ORS.

2001 INSC 238Disposed off

The Supreme Court examined the validity of a draft scheme under the Motor Vehicles Acts (1939 and 1988) to nationalise 39 road‑transport routes in Uttar Pradesh, of which 38 routes were distinct from the Saharanpur‑Shahdra‑Delhi route previously dealt with in Ram Krishna Verma. The Court held that …

ASSURANCE CO., SHIMLAversusKAMLA AND ORS. ETC. ETC.

2001 INSC 178Disposed off

An accident on 1 March 1993 involving a truck driven by Liaqat Ali resulted in three deaths. The insurer, New India Assurance Co., claimed it was not liable for third‑party compensation because the driver allegedly held a forged licence, constituting a breach of the insurance policy. The Motor …

M.C.MEITTAversusUNION OF INDIA AND ORS.

2001 INSC 170Modified

The Supreme Court, hearing M.C. Mehta v. Union of India, examined the failure of the Delhi government and private bus operators to meet its earlier order (28 July 1998) that the entire city bus fleet be converted to CNG by 31 March 2001 and that no bus older than eight years operate on diesel after …

NATIONAL INSURANCE CO. LTD.versusSEEMA MALHOTRA AND OTHERS

2001 INSC 97Appeal(s) allowed

The insured, Yash Paul Malhotra, entered into a motor insurance contract on 21‑12‑1993, gave a cheque for the first premium and received a cover note. He died in a road accident on 31‑12‑1993, and the insurer discovered that the cheque had bounced on 10‑01‑1994, cancelling the policy on 20‑01‑1994. …

BOSE ABRAHAM ETC.versusSTATE OF KERALA AND ANR.

2001 INSC 64Dismissed

The Kerala Tax on Entry of Motor Vehicles into Local Areas Act imposes a tax on any motor vehicle that enters a local area for use or sale and is liable for registration under the Motor Vehicles Act, 1988. Petitioners Bose Abraham and others challenged the tax's applicability to excavators and road …

SMT. KAUSHNUMA BEGUM AND ORS.versusTHE NEW INDIA ASSURANCE CO. LTD. AND ORS.

2001 INSC 4Disposed off

The appellant's husband was killed when the front tyre of a jeep burst, causing the vehicle to capsize and crush a pedestrian. The widow and children filed a claim for compensation before the Motor Accidents Claims Tribunal, which dismissed the claim on the ground that there was no negligence, …

DISTT. MANAGER, APSRTC, VIJAYAWADAversusK. SIVAJI AND ORS.

2000 INSC 558Appeal(s) allowed

The Andhra Pradesh State Road Transport Corporation (APSRTC) employed workers who claimed wages for work performed on holidays declared under the Andhra Pradesh Factories and Establishments (National Festival and Other Holidays) Act, 1974. APSRTC contended that Section 11(1)(c) of that Act excluded …

NATIONAL INSURANCE COMPANY LTD.versusBEHARI LAL AND ORS.

2000 INSC 417Dismissed

National Insurance Company Ltd. issued a motor vehicle insurance policy under the Motor Vehicles Act, 1939, which was in force when the Motor Vehicles Act, 1988 came into effect. A bus insured under this policy met with an accident after the new Act commenced, resulting in a death claim. The insurer …

SMT. RITA DEVI AND ORS.versusNEW INDIA ASSURANCE CO. LTD. AND ANR.

2000 INSC 263Case Allowed

The case involved the death of Dasarath Singh, an auto‑rickshaw driver, who was killed by unknown passengers while they attempted to steal the vehicle. The claimants, Rita Devi and others, filed a petition under Section 163‑A of the Motor Vehicles Act, 1988 for compensation, which was awarded by the …

CHINNAMA GEORGE AND ORS.versusN.K. RAJU AND ANR.

2000 INSC 200Appeal(s) allowed

The widow and minor children of George, who died in a motor vehicle accident, were awarded Rs.3,78,000 by the Motor Accident Claims Tribunal. The insurer, Oriental Insurance Co., and the bus owner, N.K. Raju, filed a joint appeal before the Kerala High Court under Section 173 of the Motor Vehicles …

NEW INDIA ASSURANCE CO. LTDversusRULA AND ORS.

2000 INSC 126Dismissed

New India Assurance Co. issued a motor vehicle insurance policy for a truck on 8 November 1991. The same night the truck met with an accident that killed a cleaner and two labourers. The dependants of the deceased filed claims for compensation, but the insurer denied liability, arguing that the …

STATE OF MAHARASHTRA AND ORS.versusNANDED- PARBHANI Z.L.B.M.V., OPERATOR SANGH

2000 INSC 28Dismissed

The State of Maharashtra appealed a Bombay High Court order that had declared the seizure and detention of luxury buses illegal and awarded Rs.10,000 compensation to the bus operators. The police had seized the buses under Section 207(1) of the Motor Vehicles Act, 1988, alleging that they were …

NEW INDIA ASSURANCE COMPANYversusSHRI SATPAL SINGH AND ORS.

1999 INSC 543Dismissed

A ten‑year‑old girl died in a truck accident on 11 March 1990 while travelling as a gratuitous passenger. Her father, brother and sister claimed compensation under the Motor Vehicles Act, 1988, and the Motor Accident Claims Tribunal awarded Rs. 25,000, directing New India Assurance Company, the …

ASHWANI KUMAR AND ANR. ETC.versusREGIONAL TRANSPORT AUTHORITY, BIKANER AND ANR.

1999 INSC 447Dismissed

The appellants were granted stage‑carriage permits by the Regional Transport Authority (RTA), Bikaner, to ply buses on a Sangaria‑Delhi inter‑state route. The Rajasthan Road Transport Corporation challenged the permits, arguing that the route was covered by a reciprocal transport agreement between …

HINDUSTAN AERONAUTICS LTD. ETC.versusREGISTERING AUTHORITY AND ORS.

1999 INSC 390Appeal(s) allowed

Hindustan Aeronautics Ltd (HAL) operated several buses to transport its employees and their children to school and college. The Orissa Motor Vehicles Taxation Authority treated these buses as "contract carriage" under Entry 4 of the Schedule to the Orissa Motor Vehicles Taxation Act, 1986 and levied …

ASHOK GANGADHAR MARATHAversusORIENTAL INSURANCE CO. LTD.

1999 INSC 378Appeal(s) allowed

Ashok Gangadhar Mara Tha owned a Swaraj Mazda truck classified as a light motor vehicle and insured it with Oriental Insurance. The vehicle was totally damaged in an accident, but the insurer denied the claim, alleging that the driver held only a licence for a light motor vehicle and not for a …

ORIENTAL INSURANCE CO. LTD.versusSONY CHERIAYAN

1999 INSC 344Appeal(s) allowed

The appellant insurer issued a policy that covered only goods permissible under the Motor Vehicles Act, 1988. The respondent was transporting 15 barrels of ether solvent, which the Court held to be synonymous with ethyl ether, a hazardous substance listed in Table III of Rule 137, Central Motor …

ASHWANI KUMAR MISHRAversusP. MUNIAM BABU AND ORS.

1999 INSC 169Appeal(s) allowed

A.K. Mishra, a 23‑year‑old who was assisting his father’s construction firm, suffered a severe spinal injury in a motor vehicle accident and became permanently disabled. He claimed a monthly income of Rs 2,000, although no documentary proof of employment existed, and sought compensation under the …

SMT. MALLAWWA ETC.versusTHE ORIENTAL INSURANCE CO. LTD. AND ORS.

1998 INSC 443Disposed off

The Supreme Court examined several appeals concerning the liability of insurers under Section 95 of the Motor Vehicles Act, 1939 for passengers travelling in goods carriages. The petitioners, owners of goods vehicles and claimants, argued that the insurance policy should cover death or injury of …

THE NEW INDIA ASSURANCE CO. LTD.versusSMT. SHEELA RANI AND ORS.

1998 INSC 362Dismissed

A Fiat car was sold and the transferee informed New India Assurance Co. Ltd. of the transfer by letters that did not follow the prescribed form under Section 103-A of the Motor Vehicles Act, 1939. The insurer gave no reply. The car later met with an accident, and the victims claimed compensation …

MUTHAIAH SEKHARversusNESAMONY TPT. CORPORATION LTD. AND ANR.

1998 INSC 332Appeal(s) allowed

Muthiah Sekhar, a 25‑year‑old lawyer, was injured in a collision between a taxi and a bus owned by Nesamony TPT. Corporation Ltd. He suffered permanent dislocation of the right hip, 60% loss of vision in the left eye and 50% loss of hearing in the left ear, and had to travel to New York for balloon …

STATE ROAD TRANSPORT CORPORATIONversusREGIONAL TRANSPORT AUTHORITY AND ORS. ETC.

1998 INSC 337Disposed off

The U.P. State Road Transport Corporation sought permits for routes covered by an exclusive scheme and was told by the Regional Transport Authority that, under Section 58(2)(a) of the Motor Vehicles Act, 1939, the permits had to be renewed every three years. The corporation challenged this, arguing …

ORIENTAL INSURANCE CO, LTD.versusINDERJIT KAUR AND ORS.

1997 INSC 792Dismissed

A bus was insured by Oriental Insurance Co. Ltd. on 30 November 1989. The premium was paid by cheque which later bounced, and the insurer sent a notice that it was not at risk. The premium was finally paid in cash on 2 May 1990, but the bus met with an accident on 19 April 1990, killing the truck …

M.C. MEHTAversusUNION OF INDIA AND ORS. ETC.

1997 INSC 747Directions issued

The Supreme Court entertained a writ petition filed by environmental lawyer M.C. Mehta under Article 32 seeking directions to curb the growing menace of unregulated traffic in the National Capital Region (NCR) and National Capital Territory (NCT) of Delhi. Relying on the Motor Vehicles Act, 1988 and …

NATIONAL INSURANCE CO. LTD.versusSANTRO DEVI AND ORS. ETC.

1997 INSC 739Case Partly allowed

A motor accident gave rise to a compensation claim by Santro Devi and others against National Insurance Co. Ltd. The Motor Accidents Claim Tribunal found that the driver of the offending vehicle held a valid licence that had been duly renewed, and the Punjab & Haryana High Court affirmed this …

UNION OF INDIAversusUNITED INDIA INSURANCE CO. LTD. AND ORS.

1997 INSC 705Dismissed

A super‑fast train collided with a hired passenger bus at an unmanned level crossing in Kerala, killing most of the bus occupants. The Supreme Court examined whether the bus driver was negligent, whether his negligence could be imputed to the passengers, and whether the railways owed a common‑law …

VED PRAKASH GARG ETC.versusPREMI DEVI AND ORS. ETC.

1997 INSC 671Case Partly allowed

The owners of motor trucks, who employed drivers and cleaners, suffered fatal accidents and their employees' heirs filed claims under the Workmen's Compensation Act, invoking Section 167 of the Motor Vehicles Act. The Workmen's Commissioner awarded compensation, interest, and penalty, holding the …

PRAKASH CHANDRA SAHUversusSTATE TRANSPORT AUTHORITY AND ORS.

1997 INSC 220Dismissed

The appellant, Prakash Chandra Sahu, held a permanent stage‑carriage permit issued under the Motor Vehicles Act of 1939 for an inter‑state route. After the Motor Vehicles Act, 1988 came into force, his permit expired and he applied to the State Transport Authority (STA) for renewal. The STA rejected …

NIRMALA JAGDISHCHANDRA KABRAversusTHE TRANSPORT COMMISSIONER AND ORS.

1997 INSC 144Dismissed

Petitioner Nirmala Jagdishchandra Kabra held a contract carriage permit but was alleged to be operating the vehicle as a stage carriage by collecting individual fares, violating the permit conditions. The Motor Vehicle Inspector seized and detained the vehicle under Section 207(1) of the Motor …

VIKRAM SHITOLE AND ANR.versusTHE M.P. STATE ROAD TRANSPORT CORPORATION AND ORS.

1996 INSC 1469Dismissed

The appellants, Vikram Shitole and others, held permits to operate stage carriages on the Gwalior‑Indore route, which had been notified as a frozen route under Section 68‑D(3) of the Motor Vehicles Act, 1939. A self‑employment scheme allowed unemployed graduates to run stage carriages on such routes …

N. VENKATESWARA RAO AND ORS ETC.versusS.T.A. AND ORS. ETC.

1996 INSC 1368Dismissed

The appellants, owners of three‑axle transport vehicles, challenged a Central Government notification dated 18 October 1996 that prescribed maximum gross vehicle weight and maximum safe axle weight under Section 58(1) of the Motor Vehicles Act, 1988. They argued that the phrase "whichever is less" …

GAJRAJ SINGH ETCversusSTATE TRANSPORT APPELLATE TRIBUNAL AND ORS. ETC.

1996 INSC 1043Disposed off

The appellant, Gajraj Singh, held a stage‑carriage permit originally granted under the Motor Vehicles Act, 1939, which was later renewed under the Motor Vehicles Act, 1988. After the 1988 Act came into force, the State Transport Authority granted overlapping permits to other operators, and the …

B.V. NAGARAJUversusM/S. ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, HASSAN

1996 INSC 690Appeal(s) allowed

The appellant, owner of a Tata truck insured by Oriental Insurance, suffered vehicle damage in a collision while nine persons were aboard, exceeding the policy’s limit of six workmen (excluding the driver). The insurer denied the claim, citing the policy’s exclusion for carrying passengers beyond …