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Motor Vehicles Act, 1988

827 judgments · newest first · showing 801–827

DHANNALALversusD.P. VIJAYVARGIYA AND ORS.

1996 INSC 634Appeal(s) allowed

The appellant was injured in a road accident on 4 December 1990 and filed a claim petition for compensation before the Additional Motor Accident Claims Tribunal on 7 December 1991, seeking condonation of a four‑day delay. The Tribunal condoned the delay, but the High Court set aside that order, …

U.P. STATE ROAD TRANSPORT CORPORATION AND ORS.versusTRILOK CHANDRA AND ORS.

1996 INSC 626Appeal(s) allowed

The appellant, U.P. State Road Transport Corporation, was sued for compensation after its omnibus caused the death of Prem Chandra, aged 26. The claimants calculated loss of dependency based on a monthly surplus of Rs.200 and applied a multiplier of 24 years, which the Tribunal used; the High Court …

KARNATAKA STATE ROAD TRANSPORT CORPORATIONversusK.V. SAKEENA & ORS. ETC.

1996 INSC 390

A bus operated by the Karnataka State Road Transport Corporation collided at night with a truck trailer carrying a heavy rear dumper that protruded one and a half feet beyond the trailer's sides. The bus driver was speeding, while the truck driver was moving slowly, but the dumper was not marked …

RAMESH SINGH AND ANR.versusCINTA DEVI AND ORS.

1996 INSC 307Appeal(s) allowed

An accident on 27 May 1988 gave rise to a compensation claim under the Motor Vehicles Act, 1939, which was filed on 23 December 1988. The Motor Vehicles Act, 1988 came into force on 1 July 1989, repealing the 1939 Act, but the claim was finally decided on 29 June 1992, creating a right to appeal …

C. KASTURI AND ORS. ETC .versusSECRETARY, REGIONAL TRANSPORT AUTHORITY AND ANR. ETC.

1996 INSC 154Dismissed

The appellants, private stage‑carriage operators, held temporary permits to ply a town‑service route (Chandragiri‑Renigunta via Tirupati) and relied on a government memorandum stating that town‑service routes could extend up to 8 km beyond municipal limits. The respondents, the Regional Transport …

SMT. AFSAR JAHAN BEGUM ETC.versusSTATE OF MADHYA PRADESH AND ORS. ETC.

1996 INSC 55Dismissed

The petitioners, private bus operators, sought to ply their vehicles on routes intersecting notified routes, invoking a modification under Section 102(2) of the Motor Vehicles Act, 1988 that relaxes the distance restriction to 25 kilometres. The State Government had issued a notification allowing …

M/S. COMPLETE INSULATIONS (P) LTD.versusNEW INDIA ASSURANCE COMPANY LTD.

1995 INSC 759Dismissed

MIS. Complete Insulations (P) Ltd. bought a Maruti car originally insured by New India Assurance for the original owner. The car’s registration was transferred to the appellant on 15‑June‑1989 and the appellant requested the insurer to transfer the insurance policy, but the insurer gave no response. …

STATE OF MAHARASHTRA AND ORS.versusKANCHANMALA VIJASING SHIRKE AND ORS.

1995 INSC 485Dismissed

The State of Maharashtra owned a jeep that was officially used to transport employees after office hours. The authorized driver, who was intoxicated, permitted a clerk (respondent No. 4) to drive the vehicle, resulting in a collision that killed Vijay Singh. The claimants sought compensation under …

CHAIRMAN, THIRUVALLUVAR TRANSPORT CORPORATIONversusCONSUMER PROTECTION COUNCIL

1995 INSC 107Appeal(s) allowed

Shri K. Kumar died in a bus accident in 1990. The Consumer Protection Council, Tamil Nadu, filed a claim before the National Consumer Disputes Redressal Commission (NCDRC) on behalf of his legal representatives, seeking compensation. The NCDRC awarded Rs. 5.10 lakh without addressing the question of …

TMT. T.P.K. THILAGAVATHYversusTHE REGIONAL TRANSPORT AUTHORITY AND OTHERS

1994 INSC 558Dismissed

The petitioners, private stage‑carriage operators, challenged the Tamil Nadu Motor Vehicles (Special Provisions) Act, 1992 which bars the grant of any new permit overlapping a notified route after 30 June 1990. They argued that the cut‑off date created an arbitrary classification violating Article …

NISAR AHMAD AND ORS. ETC. ETC.versusSTATE OF U.P. AND ORS.

1994 INSC 379Dismissed

The appellants challenged the validity of a transport scheme approved by the State Government and published on May 29, 1993, contending that under the Motor Vehicles Act, 1988, prior approval of the Central Government was mandatory and that the draft scheme had lapsed under Section 100(4). The …

ESSKEY ROADWAYS (FIRM)versusANANDHAKRISHNAN BUS SERVICE

1994 INSC 326

The appellant and respondent both applied for a stage‑carriage permit. The Regional Transport Authority (RTA) awarded marks based on the date of application, granting the permit to the appellant. The respondent appealed, and the State Transport Appellate Tribunal (STAT) set aside the RTA’s order, …

S. SATYAPAL REDDY ETC.versusGOVT. OF A.P. AND ORS.

1994 INSC 196Dismissed

The appellants, holders of diplomas in Mechanical Engineering, applied for the post of Assistant Motor Vehicles Inspector in Andhra Pradesh but were rejected because the State's Transport Subordinate Service Rules required a degree. They challenged the State rule, arguing that the Motor Vehicles …

MITHILESH RANI AND ORS.versusREGIONAL TRANSPORT AUTHORITY, DEHRADUN AND ORS.

1994 INSC 104Appeal(s) allowed

The appellants applied to the Regional Transport Authority, Dehradun for stage carriage permits on the Muzaffarnagar‑Yamuna Bridge route. While the applications were pending, the Supreme Court stayed the issuance of fresh permits on routes covered by certain writ petitions, but clarified that the …

BIRENDRA KUMAR RAI ALIAS VIRENDRA KUMAR RAIversusUNION OF INDIA AND ORS.

1992 INSC 235Dismissed

Birendra Kumar Rai was arrested under the Arms Act and Motor Vehicles Act and was in jail when a complaint under the NDPS Act was filed. While he remained in custody, a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 …

RAM KRISHNAVERMA ETC. ETC.versusSTATE OF U.P. AND ORS. ETC. ETC.

1992 INSC 96Appeal(s) allowed

The Supreme Court examined the status of the Saharanpur‑Shahdara‑Delhi route nationalised under a 1959 draft scheme of the Motor Vehicles Act, 1939, which had been approved on 29 September 1959. After a long delay, a fresh draft scheme was issued in 1986, but the Motor Vehicles Act, 1988 came into …

MITHILESH GARG ETC. ETC.versusUNION OF INDIA AND. ORS. ETC. ETC.

1991 INSC 309Dismissed

The petitioners, existing stage‑carriage operators, challenged the Motor Vehicles Act, 1988’s liberalised permit regime (sections 71, 72 and 80) on the ground that it violated Articles 14 and 19(1)(g) of the Constitution by allowing unlimited new entrants on the same routes. They argued that …

GURCHARAN SINGH BALDEV SINGHversusYASHWANT SINGH AND ORS

1991 INSC 296Appeal(s) allowed

The appellant, a stage carriage operator, applied for renewal of his permit under Section 58(2) of the Motor Vehicles Act, 1939, and the application was duly notified. Before the renewal could be granted, the Motor Vehicles Act, 1988 came into force, repealing the 1939 Act. The respondent applied …

VINOD GURUDAS RAIKARversusNATIONAL INSURANCE CO. LTD AND ORS.

1991 INSC 223Dismissed

The appellant suffered injuries in a road accident on 22 January 1989 and filed a claim petition on 15 March 1990, seeking condonation of delay. The Motor Vehicles Act, 1939, under which the accident occurred, was repealed and replaced by the Motor Vehicles Act, 1988 on 1 July 1989; both statutes …

KRISHAN KUMARversusSTATE OF RAJASTHAN AND ORS.

1991 INSC 185Dismissed

Krishan Kumar, holder of a stage‑carriage permit for the Kota‑Khanpur route, challenged the State of Rajasthan’s decision to grant an exclusive operating right on the overlapping Kota‑Sangod route. The State Road Transport Corporation had issued a notification on 11‑Oct‑1979 under Section 68‑C of …

MAHARAJA TOURIST SERVICE ETC. ETC.versusSTATE OF GUJARAT

1991 INSC 117Disposed off

The petitioners, holders of All India Tourist Permits under the Motor Vehicles Acts, challenged the constitutional validity of additional taxes levied by several states on tourist vehicles, arguing that the taxes were neither compensatory nor regulatory and thus violated Articles 19(1)(g) and 301 of …

VIJAY KUMAR SHARMA & ORS. ETC.versusSTATE OF KARNATAKA & ORS. ETC.

1990 INSC 59Dismissed

The petitioners, a group of contract carriage operators, were denied fresh permits under the Motor Vehicles Act, 1988 because the Karnataka Contract Carriages (Acquisition) Act, 1976 (ss. 14 and 20) barred any new applications and gave a monopoly to the State Transport Undertaking. They challenged …