Ori. HC: Fact-Finding Inquiry Makes it Permissible to Not Give Opportunity of Hearing to Employee  ||  Gauhati High Court Issues Guidelines for Acceptance of Final Report Form by Courts  ||  MP HC: Can’t Subject Transfer Order to Judicial Review Unless Found to be Influenced by Malafide  ||  MP HC: Discretion of Appointing Authority to Appoint a Person Involved in Offence of Moral Turpitude  ||  Gau. HC Issues Guidelines Regarding Release of Seized Money in Cyber Frauds or Crimes  ||  Calcutta HC: No Criminal Breach of Trust for Non-Payment of Outstanding Dues Towards Salary  ||  Bom. HC Criticizes Maharashtra Govt. for Opposing Termination of Pregnancy of Unmarried Woman  ||  Delhi High Court: Centre Directed to constitute a “National Rare Diseases Fund”  ||  Del HC: No Prohibition Against Posthumous Reproduction if Consent of Sperm or Egg Owner Demonstrated  ||  SC: Can’t Fix Time-Line for Disposal of Execution Matter as Judges of Bombay HC are Overburdened    

Search Results for Tag : Accident

Judgments

Inadvertent fall while boarding running train not a criminal act or self-inflicted injury to deny compensation(06.10.2016)

In instant case, Appellant is aggrieved by Railway Tribunal’s order dismissing Appellants’ claim petition by holding that, death of deceased was not o.....

Tags : Accidental fall, Compensation, Grant



International Cases

When driving in city, one must anticipate that pedestrians will cross road, if they see a gap in the traffic(02.12.2016)

Present action arises out of a road traffic accident which occurred at the junction of Merrion Row and Merrion Street Upper in the city of Dublin. Whi.....

Tags : Accident, Causation, Contributory negligence



Notifications & Circulars

Shri Ashwini Choubey releases Handbook on Prevention of Accidents and Awareness of First Aid(26.04.2018)

Shri Ashwini Kumar Choubey, Minister of State for Health and Family Welfare released a Handbook on Prevention of Accidents and Awareness of First Aid .....

Tags : Handbook, Release, Prevention, Accidents, Awareness



Owner of a vehicle who transfers it to another person is liable to pay compensation in case of an accident unless sale is reflected in Regional Transport Authority (RTA) records(14.12.2018)

Present appeal challenges the judgment passed by the High Court. The Appellant, original owner of a Santro Car sold said vehicle to Saveta Sharma, fir.....

Tags : Compensation, Accident, Liability



Illness of encephalitis malaria through a mosquito bite cannot be considered as an accident(26.03.2019)

The present appeal raises an interesting question of law. The Court is tasked with determining whether a death due to malaria occasioned by a mosquito.....

Tags : Insurance policy, Accident, Mosquito bite



Test whether a vehicle is designed for use on a road is objective(22.06.2020)

Mr Simphiwe Robert Makutoana (the deceased) was a pedestrian at the Multipurpose Terminal, Cape Town Harbour, when a large industrial vehicle Reach St.....

Tags : Accident claim, Compensation, Nature, Vehicle



In a Motor Accident Compensation Claims, compensation for 'loss of consortium' can be awarded to children and parents also(07.09.2020)

Present appeals have been filed by three Insurance Companies, i.e., New India Assurance Company Limited, Cholamandalam MS General Insurance Company Lt.....

Tags : Accident, Compensation, Entitlement



Standard of proof in Motor Accident Claim Cases is one of preponderance of probabilities rather than beyond reasonable doubt(08.12.2020)

Present appeals are directed against the judgment passed by the High Court whereby the first appeal preferred by the New India Assurance Co. Ltd. (Res.....

Tags : Accident, Compensation, Entitlement



Expression "Use of the vehicle" can be attracted even where the vehicle is stationary(04.10.2021)

The Appellant-Insurance Company is challenging the judgment and award passed by the Motor Accident Claims Tribunal, Mumbai ('Tribunal'). By the impugn.....

Tags : Accident, Award, Legality



SOPs to not scare away the Good Samaritan(21.01.2016)

The Ministry of Road Transport and Highways has notified Standard Operating Procedures for the examination of Good Samaritans by the police. The instr.....

Tags : Good Samaritan, road accident, police, stigmatise



News

Gau. HC: Commissioner Can Order Insurer To Directly Compensate Employee Injured In Motor Accident(25.01.2023)

Gauhati High Court has upheld an order whereby the Insurance company was directly made liable to pay compensation to an employee injured in a motor ac.....

Tags : Gauhati High Court, Insurance, Motor Accident



Karnataka High Court: Age of Accident Victim Important While Deciding Compensation(10.06.2019)

Karnataka High Court while calculating loss of dependency to decide about compensation in motor accident cases, the age of the deceased accident victi.....

Tags : Karnataka High Court, Accident



Statute

Aircraft (Investigation of Accidents and Incidents) Amendment Rules, 2015(27.09.2015)

The Ministry of Civil Aviation has notified Rules to amend the Aircraft (Investigation of Accidents and Incidents) Rules, 2012, pertaining to investig.....

Tags : Aircraft, investigation, database, accident, 2015



Supreme Court Gives Rs 1 Crore to Accident Victim(06.02.2020)

Supreme Court has come to the rescue of a 12 year old girl who met with an accident a decade ago which led to 100 percent physical disability and left.....

Tags : Supreme Court, Accident Victim



INSURANCE - SC: Disease Caused due to Insect Bite in the Natural Course of Events Not Covered Under 'Accident'(27.03.2019)

Supreme Court has observed that where a disease is caused or transmitted by insect bite/virus in the natural course of events, it would not be covered.....

Tags : Supreme Court, ‘accident’ insurance policy



NHRC Notices TN Government over Death of Three Girls in Road Mishap(17.10.2016)

National Human Rights Commission (NHRC) has issued notice to Tamil Nadu government over reported death of three college girls in a road accident invol.....

Tags : National Human Rights Commission, road accident



Bom. HC: Motor Accident Victim can Claim Compensation from One of the Joint Tortfeasors(19.09.2023)

Bombay High Court has held that in cases of composite negligence, the law permits a motor accident victim to sue one of the two joint-tortfeasors, and.....

Tags : Bombay High Court, Motor Accident, Compensation, Composite Negligence



Supreme Court: Violation of Law by Itself Cannot Lead to Finding of Contributory Negligence(15.01.2020)

Supreme Court has held that a violation of law by itself, without anything more, cannot lead to a finding of contributory negligence while considering.....

Tags : Supreme Court, Contributory Negligence, Motor Accident Cases



SC: Deceased's IT Returns Can be Considered for Computing Annual Income in Motor Accident Cases(07.12.2022)

Supreme Court has held that deceased's Income Tax (IT) Return can be considered for computation of his annual income in Motor Accident Compensation Cl.....

Tags : Supreme Court, Motor Accident, Compensation



Allahabad HC Quashes Disciplinary Proceedings Against Pilot-Petitioners in Aircraft Accident(19.07.2021)

Allahabad High Court has quashed the disciplinary proceedings against pilot-petitioners regarding an aircraft accident in 2008, calling it 'illegal, a.....

Tags : Allahabad High Court, Aircraft Accident



Bombay HC Issues Guidelines for Claims Settlement Under Motor Vehicles Act(22.12.2016)

Bombay High Court has issued several guidelines regarding disposal of claims for accidents under Motor Vehicles Act by Motor Accident Tribunals in Sta.....

Tags : Bombay High Court, claims, accidents, Motor Vehicles Act



If there is a fundamental breach of policy, Insurance Company has to pay compensation amount to claimants and thereafter, can recover the same from the owner of the vehicle(24.06.2024)

The claim petition was preferred under Section 166 of the Motor Vehicles Act, 1988 by the Appellants being dependants of the deceased and have claimed.....

Tags : Accidental death, Compensation, Enhancement



Academic Qualification Can’t Be the Sole Criteria to Determine Merits of Person: Tripura HC(02.08.2018)

Tripura High Court has observed that academic qualification cannot be the sole criteria to determine merits of a person and there should not be any di.....

Tags : Tripura High Court, Accident



SC: Multiplier for Age Group 15-25 Years in Motor Accident Compensation is 18(04.08.2020)

Supreme Court has reiterated that while computing Motor Accident Compensation, for the age group of 15-25 years, the multiplier has to be '18'.

Tags : Supreme Court, Motor Accident Compensation



SC: Motor Accident Claim Petition Does Not Abate on Death of Injured Claimant(17.08.2021)

Supreme Court has observed that a motor accident claim petition does not abate even after the death of the injured claimant. The right to sue survive .....

Tags : Supreme Court, Motor Accident Claim



Delhi HC Nods for Free Care for Accident Victim(23.10.2015)

Delhi HC on plea of road accident victim's wife, seeking free treatment from government hospital of her husband, has directed Maharaja Agrasen Hospita.....

Tags : Delhi HC , Accident Victim



Madras HC Doubles Compensation For Death of Medical Student in Road Accident(17.01.2017)

Madras High Court has increased compensation awarded by a Motor Accident Claims Tribunal to parents of a second year MBBS student who died after being.....

Tags : Madras High Court, Motor Accident Claims Tribunal, Road Accident, Medical Student



Madras High Court: Amend Motor Vehicle Accident Rules(14.09.2017)

Madras High Court has directed State Government to amend TN Motor Vehicle Accident Rules, 1989, in line with the newly developed online Detailed Accid.....

Tags : Madras High Court, Motor Vehicle Accident Rules



MOTOR VEHICLES - SC Asks Govt to Consider Setting Up Mediation Authority for Disposal Of Motor Accident Claims(06.03.2019)

Supreme Court has recommended to Government to examine feasibility of setting up mediation authority for motor accident claims by making necessary am.....

Tags : Supreme Court, Motor Accident Claims, Mediation Centre



Bombay HC: Can't Compute Compensation on Basis of 45% Permanent Disability in Motor Accident Claim(20.04.2022)

Bombay High court has held that the Motor Accident Tribunal has committed an error in accepting the claimant’s permanent disability of a motor acciden.....

Tags : Bombay High court, Motor Accident Tribunal, permanent disability, motor accident



J&K&L HC: Constitute Expert Committee to Make Chenab Valley Accident Free(22.12.2022)

Jammu and Kashmir and Ladakh High Court has directed UT Government to constitute an expert Committee to ascertain the reasons for repeated road accide.....

Tags : Jammu and Kashmir and Ladakh High Court, Expert Committee, Chenab Valley, Accident



Rajasthan HC Issues Notice to on Return of Mortal Remains of Deceased in Accident in Russia(17.12.2021)

Rajasthan High Court has issued a notice to the Russian Embassy/Government of the Russian Federation on the plea of the wife and children of one Hiten.....

Tags : Rajasthan High Court, Return of Mortal Remains of Deceased in Accident in Russia



Mad. HC: Merely Smelling Alcohol in Breath Not Sufficient Ground to Attribute Contributory Negligence(18.04.2024)

Madras High Court has observed that to attract contributory negligence in motor vehicle accident cases, merely smelling alcohol in the breath of a per.....

Tags : Madras High Court, Contributory Negligence, Motor Vehicle Accident, Alcohol



While applying the multiplier method, future prospects on advancement in life and career are also to be taken into consideration(27.07.2020)

In present matter, the Appellant was travelling from Chennai to Bangalore in a bus owned by the Respondent State Corporation. While the bus was moving.....

Tags : Accident, Compensation, Entitlement



Supreme Court Sets Guidelines to Curb Road Accidents(01.12.2017)

Supreme Court has issued a set of guidelines to tackle rising accidents, including addition of a chapter on road safety in school curriculum and audit.....

Tags : Supreme Court, Road Accidents



When the driver of a vehicle involved in an accident does not have a valid driving licence, insurance company is not liable to pay compensation(23.09.2020)

In facts of present case, the first Respondent herein, met with an accident while driving a truck owned by the Appellant, under whom, he was gainfully.....

Tags : Accident, Compensation, Liability



Kerala High Court Grants Bail to Chief Surveyor & Senior Port Conservator in Tanur Boat Accident Case(25.07.2023)

Kerala High Court has granted bail to Chief Surveyor of the Kerala Maritime Board, Sebastian Joseph, and the Senior Port Conservator, Baypore, Prasad .....

Tags : Kerala High Court , Tanur boat accident



MOTOR VEHICLES - SC Asks Govt to Consider Setting Up Mediation Authority for Disposal of Motor Accident Claims(06.03.2019)

Supreme Court has recommended to Government to examine feasibility of setting up mediation authority for motor accident claims by making necessary ame.....

Tags : Supreme Court, Motor Accident Claims, Mediation Centre



P&H HC: Unjust to Hold Driver Guilty of Offence Involving Moral Turpitude in Absence of Mens Rea(17.04.2023)

Punjab and Haryana High Court while observing that road accidents are often result of error of judgment or mechanical failures or on account of fault .....

Tags : Punjab and Haryana High Court, Mens Rea, Road Accident, Moral Turpitude



Ker. HC: Can't Allow Boat Operators to Make Money at Cost of People's Lives(15.05.2023)

Kerala High Court while issuing preliminary directions to avert boat accidents in state observed that had the aspect of overloading been avoided, perh.....

Tags : Kerala High Court, Boat Operators, Boat Accidents



Supreme Court: Doctrine of “Pay And Recover” in Motor Accident Claim Cases Still Holds the Field(09.08.2018)

Supreme Court has held that doctrine of “pay and recover” in motor accident claim cases still holds the field.

Tags : Supreme Court, Motor Accident



SC: Just Compensation Exceeding Claimed Amount Can be Awarded(05.09.2022)

Supreme Court has held that motor accident compensation amount actually due and payable is to be awarded despite the claimants having sought for a les.....

Tags : Supreme Court, Motor Accident Compensation, Claim



Court Slams Compensation of Rs. 12 Lakhs in Motor Vehicle Accident Case(08.02.2016)

A trial court, while ordering a compensation of over Rs 12 lakh for family members of auto-driver, who was killed in road-accident due to rash and neg.....

Tags : Motor Vehicle Accident Case , fake driving licences



Delhi HC Stays Payment of Compensation to Family of Youth Who Rammed Bike into Barricades(10.09.2020)

Delhi High Court has put on hold payment of Rs 75 Lakhs compensation to the family of a youth who rammed his bike into chained barricades and is curre.....

Tags : Delhi High Court, Compensation to Accident Victim



Bombay HC Partly Allows MACT Order in Appeal Against Compensation Awarded to Kin(21.01.2022)

Bombay High Court has partly allowed an order of the Motor Accident Claims Tribunal, Mumbai, in an appeal against the compensation awarded to kin of a.....

Tags : Bombay High Court, Compensation, Motor Accident Claim



Mere availability of injured/dead-body in a railway yard does not per-se prove that, dead-body is of a passenger travelling in a train(17.08.2017)

The present claim application has been filed by parents of the deceased under Section 16 of the Railway Claims Tribunal Act, 1989 seeking compensation.....

Tags : Untoward accident, Compensation, Entitlement



SC: Refer Motor Accident Claims Which Can be Compromised to Lok Adalat(01.08.2022)

Supreme Court has directed compromisable insurance claims from the High Court and the Motor Accidents Claim Tribunal (MACT) which adds up to one lakh .....

Tags : Supreme Court, Lok Adalat, Motor Accidents Claims



Christian Religious Society Can Claim Motor Accident Compensation for Death of a Nun: Madras HC(04.06.2018)

Madras High Court has allowed a Christian religious organization to claim compensation for the death of a nun who died in a road accident after being .....

Tags : Madras High Court, Motor Accident



J&K&L HC: PF & Pecuniary Benefits Received By Legal Heirs of Deceased Have No Co-Relation With MAC(23.08.2022)

Jammu and Kashmir and Ladakh High Court has held that Provident Fund (PF), and other pecuniary advantages receivable by heirs on account of one's deat.....

Tags : Jammu and Kashmir and Ladakh High Court, Motor Accident Claim, Pecuniary Advantages



Compensation towards loss of love and affection not to be awarded as a separate head(30.06.2020)

In facts of present case, the deceased was residing in Doha, Qatar since 1984. The deceased was visited India in November, 1998, he was riding a scoot.....

Tags : Accident, Compensation, Determination



Supreme Court Issues Guidelines on Fixation of Future Prospects for Deciding Motor Accident Claims(01.11.2017)

Supreme Court has issued guidelines on fixation of future prospects for deciding compensation in motor accident claims. The Court observed that S. 168.....

Tags : Supreme Court, Motor Accident



A mere plea without supported by any corroborative evidence, has no gravity in the eye of law(14.09.2017)

Case has been preferred before this Tribunal by the wife and sons of the deceased being sole dependants under Section 16 of the Railway Claims Tribuna.....

Tags : Untoward accident, Compensation, Grant



SC Issues Directions for Uniform Procedure in Granting Motor Accident Compensation(18.03.2021)

Supreme Court has issued a slew of directions regarding process of disbursement of compensation as well as expediting the matter before the Motor Acci.....

Tags : Supreme Court, Uniform Procedure in Granting Motor Accident Compensation



SC: Not Mandatory to File Accident Claim Before MACT of Area Where Accident Occurred(04.08.2023)

Supreme Court while observing that it is not mandatory to file motor accident claims before MACT having jurisdiction over area where accident occurred.....

Tags : Supreme Court, MACT, Motor Accident Claims



A person who cannot be identified, cannot be sued under a pseudonym or description, unless circumstances are such that, service of claim form can be effected or properly dispensed with(20.02.2019)

The question at issue on present appeal is in what circumstances, is it permissible to sue an unnamed Defendant. On 26 May 2013, Ms Bianca Cameron was.....

Tags : Accident, Compensation, Liability



Over Rs.1 crore in compensation to American injured in road accident upheld(08.10.2015)

The Supreme dismissed an appeal against award of damages to an American citizen injured by a Rajasthan roadways bus in 1988. It noted that the already.....

Tags : Motor, compensation, accident, American, dollar



Supreme Court Enhances Sentence Of Navjot Sidhu To One Year Imprisonment In 1988 Road Rage Case(19.05.2022)

Supreme Court enhanced the sentence of Congress leader and former Indian Cricket team member Navjot Singh Sidhu to one year imprisonment in a 1988 roa.....

Tags : Navjot Singh Sidhu, Road Accident



Kerala HC: Compensation for Actual Damages Includes Value of Spare Parts to be Repaired(11.07.2022)

Kerala High Court while allowing a motor accident claims appeal has held that in Motor Accident Claims the claimant is entitled to get compensation fo.....

Tags : Kerala High Court, Motor Accident Claims, Actual Damages



Supreme Court: Claim Compensation Before MACT Within Reasonable Time(06.03.2017)

Supreme Court has observed that though there is no limitation period to raise a claim for compensation before a Motor Accident Claims Tribunal (MACT),.....

Tags : Supreme Court, MACT, Motor Accident



Kar. HC: Motor Accident Claimant has Right to Claim Payment from Insurer of the Offending Vehicle(05.01.2024)

Karnataka High Court has held that if the total amount of payment for motor accident has not been paid by the claimant’s insurer then he will have eve.....

Tags : Karnataka High Court, Motor Accident, Offending Vehicle, Insurer



Delhi HC Rejects Plea Against Trailer of "The Accidental Prime Minister"(08.01.2019)

Delhi High Court has refused to entertain a plea seeking to suspend trailer of upcoming movie "The Accidental Prime Minister" and asked petitioner to .....

Tags : Delhi High Court, The Accidental Prime Minister



Patna HC Grants Compensation to Father of Boy Who Died in Munger Maa Durga Pooja Firing Accident(08.04.2021)

Patna High Court has granted Rs. 10 lakh as compensation to the father of a 18 years old boy who died in October, 2020 in the Munger Maa Durga Pooja f.....

Tags : Patna High Court, Boy Who Died in Munger Maa Durga Pooja Firing Accident



Allahabad High Court Enhances Motor Accident Compensation to Child Who Lost One Kidney(16.03.2022)

Allahabad High Court has enhanced the compensation granted by the Motor Accident Claims Tribunal to a minor, who lost one kidney and suffered liver da.....

Tags : Allahabad High Court, Motor Accident Compensation



Gujarat HC: Income Tax Not Applicable on Interest Awarded by Motor Accident Claim Tribunal(06.05.2022)

Gujarat High Court has observed that the interest awarded by the Motor Accident Claim Tribunal (MACT) under Section 171 of the Motor Vehicles Act, 198.....

Tags : Gujarat High Court, Motor Vehicles Act, 1988, section 171, Motor Accident Claim Tribunal



Deceased Bachelor's Age to be Considered for Calculating 'Multiplier' in Accident Claim : SC(10.04.2019)

Supreme Court has held that, in the case of a motor accident where there is death of a person, who is a bachelor, it is the age of deceased which shou.....

Tags : Supreme Court, Motor Accident, Multiplier



Bombay HC: Married Daughter of Deceased Also Entitled To Compensation Under Railways Act(17.10.2022)

Bombay High Court has observed that a married daughter of a victim of a railway accident would also be entitled to compensation under the Railways Act.....

Tags : Bombay High Court, Railways Act, accident



SC Grants Compensation to February 2011 Rail Accident Victims(05.07.2016)

SC has awarded compensation of Rs 5 lakh each to families of 18 people who were killed in February 2011 in a train accident at Shahajahanpur district .....

Tags : SC, February 2011 Rail Accident



SC Denies Claim for Sun Stroke Death in Insurance Coverage for Accidental Death(09.02.2023)

Supreme Court has held that death occurring due to sun-stroke during election duty will not come within the scope of the clause "death only resulting .....

Tags : Supreme Court, Insurance, Accidental Death, Sun Stroke



Bombay High Court Enhances Motor Accident Compensation Amount After 21 Years(16.03.2017)

Bombay High Court has increased amount of compensation awarded by Motor Accidents Claim Tribunal (MACT) 21 years ago against State Government and othe.....

Tags : Bombay High Court , Motor Accident Compensation



Bombay HC Directs Payment of Over Rs. 4.5 Cr to Family of Person who Died in Road Accident(07.12.2018)

Bombay High Court has directed New India Assurance (NIA) to pay a sum of Rs 4.56 crore as compensation to the family of deceased Ravindra Kulkarni, wh.....

Tags : Bombay High Court, New India Assurance, Road Accident



Proceedings Before Motor Accident Cases Tribunal Are Inquisitorial In Nature: Calcutta HC(16.05.2018)

Calcutta High Court has held that proceedings before the Motor Accident Cases Tribunal are inquisitorial in nature.

Tags : Calcutta High Court, Motor Accident



Accident While Returning to Join Duty Should be Construed as Accident on Duty: Delhi HC(16.04.2019)

Delhi High Court has held that an accident while returning to join duty should be construed as an accident while on duty.

Tags : Delhi High Court, Accident, Duty



Madras HC Directs Motor Accident Claims Tribunals to Release 450 Buses(24.10.2016)

Madras High Court has directed Motor Accident Claims Tribunals in State to release all 450 TNSTC buses, attached for want of payment to claimants invo.....

Tags : Madras High Court, Motor Accident Claims Tribunals



Madras HC: Compensation Cheques Must be on Victim’s Name Only(14.03.2016)

Madras HC has directed that motor accident claims courts not to issue cheques in favour of any person other than the victim, or in the name of any 'co.....

Tags : Madras HC , motor accident claims



Kerala HC: District Collectors Will be Answerable for Accidents Caused by Road Potholes(22.08.2022)

Kerala High Court has ordered that every future road accident caused by potholes would have to be explained by District Collectors, and directed that .....

Tags : Kerala High Court, Potholes, Road Accidents, District Collectors



SC Enhances Compensation in Motor Accident Case on Ground that Deceased Was Multi Tasking(07.03.2024)

SC has enhanced the compensation granted in a motor accident claim after taking note of the fact that the deceased was deriving income from multiple j.....

Tags : Supreme Court , Compensation, motor accident claim



Punjab and Haryana High Court: Accident Survivor to Get Damages of Rs 23 Lakh 22 Years Later(23.05.2019)

Punjab and Haryana High Court has enhanced the compensation awarded to the lone survivor from Rs 9 lakh to Rs 23 lakh, twenty-two years and six months.....

Tags : Punjab and Haryana High Court, Accident



MOTOR VEHICLES - No Limits on Compensation for Accident Death: Madras HC(18.03.2019)

Madras High Court has made it clear that utilizing multiple options to get compensation for death of a person in a motor accident, by their family, pa.....

Tags : Madras High Court, Compensation for Accident Deth



MACT Awards Rs 30 L Damages to a Man Disabled in Road Mishap(18.05.2016)

Motor Accident Claims Tribunal (MACT) has awarded Rs 30 lakh as compensation to a Delhi resident who got partly disabled in a road accident in 2014.

Tags : Motor Accident Claims Tribunal , compensation



Bombay HC Asks Government to Increase Compensation for Victims of Rail Accident(17.10.2016)

Bombay HC has said that Government must enhance the compensation paid to victims of rail accidents to ensure that the amount marches with time.

Tags : Bombay HC, compensation, rail accidents



Ker. HC: Roads are Ordinarily Deserted During Night; Likelihood of Causing Death by Accident is Less(29.09.2023)

Kerala High Court while modifying charges against a biker from Section 304 of IPC to Section 304A, has observed that accused was not driving during bu.....

Tags : Kerala High Court, Accident, Roads



Original Owner Liable to Pay Accident Victim: Supreme Court(21.12.2018)

Supreme Court has ruled that the owner of a vehicle who transfers it to another person is also liable to pay compensation in case of an accident unles.....

Tags : Supreme Court, Accident Victim



Cal. HC: Rash Driving With Knowledge That it May Lead to Fatal Accident Can be Tried U/S 304(II) IPC(16.12.2022)

Calcutta High Court while refusing to quash proceedings under Section 304 Part II of IPC in motor accident case has observed that reckless driving wit.....

Tags : Calcutta High Court, Rash Driving, Accident, Knowledge



P&H HC: Unjust to Hold Driver Guilty of Offence Involving Moral Turpitude in Absence of Mens Rea(17.04.2023)

Supreme Court while observing that road accidents are often result of an error of judgment or mechanical failures or on account of fault of other vehi.....

Tags : Supreme Court, Mens Rea, Road Accident, Moral Turpitude



Calcutta HC: Insurance Can’t be Claimed Under ‘Accident’ When Mosquito Bite Leads to Death(11.05.2023)

Calcutta High Court while observing that insurance cannot be claimed when death is caused by mosquito bite has held that definition of accidental deat.....

Tags : Calcutta High Court, Death, Accident, Mosquito



Guj. HC: Child Can't be Equated to Non-Earning Adult, to be Compensated Under Non-Pecuniary Heads(17.08.2022)

Gujarat High Court has held that children who are victims of motor accidents stand on different footing from non-earning adults and Compensation award.....

Tags : Gujarat High Court, Motor Accidents, Compensation, Child Victim



Vehicle Owner Liable for Accident Even if Occurred Within 30 Days Period of Reporting Transfer: SC(17.12.2018)

Supreme Court held that, if an accident occurs within the period prescribed for reporting transfer of a vehicle, the transferor is not absolved of the.....

Tags : Supreme Court, Vehicle Owner Liable for Accident



SC: Strict Rules of Evidence Not Applicable in Motor Accident Compensation Cases(12.12.2022)

Supreme Court has held that strict rules of evidence as applicable in a criminal trial, are not applicable in motor accident compensation cases.

Tags : Supreme Court, Motor Accident, Evidence



Gujarat HC: Mere Delay in Filing FIR not Fatal in Motor Accident Claims if Adequate Reason Offered(24.05.2022)

Gujarat High Court has directed the Motor Accident Claims Tribunal to consider the claim petition filed by a motor accident victim, even though there .....

Tags : Gujarat High Court, Motor Accident Claims, FIR



Patna HC Grants Compensation to Father of Boy Who Died in Munger Maa Durga Pooja Firing Accident(08.04.2021)

Patna High Court has granted Rs. 10 lakh as compensation to the father of a 18 years old boy who died in October, 2020 in the Munger Maa Durga Pooja f.....

Tags : Patna High Court, Boy Who Died in Munger Maa Durga Pooja Firing Accident



SC: Addition of 40% Income to be Given Towards Future Prospects in Motor Accident Compensation(12.05.2021)

Supreme Court has reiterated that addition of 40% income must be given towards future prospects while computing motor accident compensation if the dec.....

Tags : Supreme Court, Motor Accident Compensation



NGT, New Delhi Awards Compensation to Victims of Fire Accident at Achankulam in Virudhunagar(22.06.2021)

National Green Tribunal, New Delhi, has awarded higher compensation of up to Rs. 20 lakh to the victims of a fire accident at Sree Mariyammal Firework.....

Tags : National Green Tribunal, Victims of Fire Accident at Achankulam in Virudhunagar



SC: Multiplier Method Has to be Applied While Computing Motor Accident Compensation(08.03.2021)

Supreme Court has observed that, while computing motor accident compensation, multiplier method has to be applied for future prospects and advancement.....

Tags : Supreme Court, Motor Accident Compensation



Madras High Court: Owners Should Buy Cover for Vehicle's Lifetime(06.07.2018)

Madras High Court has observed that Centre should amend the Motor Vehicles Act to make it mandatory for every vehicle to purchase comprehensive insura.....

Tags : Madras High Court, Motor Accident



SC to IRDAI: Consider if Personal Accident Cover Can Include Persons Other Than Owner(16.02.2023)

Supreme Court has directed Insurance Regulatory Development Authority of India (IRDAI) to consider if claims by family members, friends, or such perso.....

Tags : Supreme Court, IRDAI, Accident Cover



Kerala HC: Govt. Liable to Compensate Injured or Deceased Vehicle Owners(27.09.2016)

Kerala HC has said that Government is liable to compensate for death or injury occurring to a vehicle owner during an accident as road tax is levied b.....

Tags : Kerala HC , Govt. , accident



Kerala HC: Motor Accident Compensation Can't Be Reduced Saying Pillion Rider Didn't Wear Helmet(19.04.2021)

Kerala High Court has stated that merely because the pillion rider was not wearing helmet in violation of Section 129 of the Motor Vehicles Act, 1988,.....

Tags : Kerala High Court, Motor Accident Compensation



Madras High Court: Accident Compensation Cannot be Subjected to TDS(06.06.2016)

Madras High Court has said that compensation awarded by the Motor Accident Claims Tribunal or the interest accruing therein cannot be subjected to TDS.....

Tags : Madras High Court, Accident, TDS



Gau. HC: Claimant Pulled for Concealing that Compensation had been Received for Loss of Vehicle(28.06.2024)

Gauhati High Court has set aside an award granted to a Ford Eco Sport owner by the Motor Accident Claims Tribunal after it was found that the claimant.....

Tags : Gauhati High Court, Loss of Vehicle, Motor Accident Claims Tribunal



SC: Physical Disability Resulting from an Accident has to be Judged With Reference to Nature of Work(05.07.2023)

Supreme Court has held that in case of motor accidents any physical disability resulting from the accident has to be judged with reference to the natu.....

Tags : Supreme Court, Physical Disability, Accident



Centre Amends Motor Accident Compensation Scale Under No-Fault Liability(24.05.2018)

Central Government has issued a notification to amend the compensation scales for motor accident claims under Second Schedule of the Motor Vehicles Ac.....

Tags : Motor Accident Compensation



Delhi HC: Parents of Dead Accident Victim to be Treated as Dependants for Compensation(15.01.2021)

Delhi High Court has held that parents of a dead accident victim are to be treated as dependants to award compensation. The Court has clarified that l.....

Tags : Delhi High Court, Parents of Dead Accident Victim



Delhi HC Asks CBDT to Consider No Tax on Accident Claims(17.04.2019)

Delhi High Court has asked Central Board of Direct Taxation (CBDT) to consider tweaking practice of claiming tax on interest accrued upon compensation.....

Tags : Delhi High Court, Motor Accident Claims



Bombay HC Enhances Compensation in Accident That Killed 10-Yr-Old Girl(04.11.2019)

Bombay High Court has enhanced compensation granted to kin of victims, a 10-year-old girl and her mother, who died in an accident 29 year ago after a .....

Tags : Bombay High Court, accidental compensation



Gauhati HC: Ex-Gratia Payment Not to be Returned to Insurer Upon Determination of Compensation(31.01.2023)

Gauhati High Court has held that ex-gratia amount granted to a motor accident victim as per State policy would not have to be returned to the insurer .....

Tags : Gauhati High Court, Ex-Gratia Payment, Motor Accident



Bona fide of injured person as a railway passenger has to be proved for claiming compensation(09.06.2017)

Claim application was filed by Applicant/injured seeking compensation of Rupees Four Lac for injuries sustained by him in an alleged train untoward in.....

Tags : Accident, Compensation, Bonafide



Bom. HC: Upon Person’s Accidental Death, Parents Living Separately Can Claim Compensation(01.08.2024)

Bombay High Court has held that if a person dies in a road accident, the parents of such person shall be entitled to claim compensation irrespective o.....

Tags : Bombay High Court, Accidental Death, Native Place



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