Motor Accident Compensation Claim – MACT determined age based on the School Leaving Certificate – High Court, while partly allowing appeal, noted that the Aadhar Card of the deceased records date of birth to be 1st January 1969; thus, the age comes to 47 years. Hence, the multiplier applicable would be 13 – Allowing appeal …
Motor Accident Compensation Claim– A witness who is otherwise found trustworthy cannot be disbelieved, in a motor accident case, only on the ground that the police have not recorded his statement during investigation – In claim cases, arising out of motor accident, the court has to apply the principles of preponderance of probability and cannot …
Sajeena Ikhbal vs Mini Babu George 2024 INSC 787 – MACT Case- Witnesses Read More »
Motor Accident Compensation Claims – Contributory negligence on the part of a driver of the vehicle involved in the accident cannot be vicariously attached to the passengers so as to reduce the compensation awarded to the passengers or their legal heirs as the case may be. (Para 19) In order to establish contributory negligence, some …
Sushma vs Nitin Ganapati Rangole 2024 INSC 706 – MACT – Contributory Negligence Read More »
Motor Vehicles Act,1988; Section 2(30)-‘Owner’ of a vehicle is not limited to the categories specified in Section 2(30) of the M.V. Act. If the context so requires, even a person at whose command or control the vehicle is could be treated as its owner for the purposes of fixing tortious liability for payment of compensation. …
Vaibhav Jain vs Hindustan Motors Pvt Ltd. 2024 INSC 652 – Motor Vehicles Act Read More »
Motor Accident Compensation Claim- While allowing appeal and enhancing compensation, SC noted: In the attending facts and circumstances, merely because a person was attempting to overtake a vehicle, cannot be said to be an act of rashness or negligence with nothing to the contrary suggested from the record. Further, it is the claimant-appellant(s) who lost …
Prem Lal Anand vs Narendra Kumar 2024 INSC 585 – Motor Accident Compensation Read More »
Motor Acccident Compensation Claims – If the deceased was holding a permanent job, 30% addition to the actual salary is to be made when the age of the deceased is between 40 to 50 years. (Para 6)
Motor Accident Compensation Claims -The perquisites/allowances have to be added to the basic salary of the deceased before applying the rise by future prospects -Components of house rent allowance, flexible benefit plan and company contribution to provident fund have to be included in the salary of the deceased while applying the component of rise in …
Meenakshi vs Oriental Insurance Co.Ltd 2024 INSC 573 – Motor Accident Compensation – Read More »
Motor Accident Compensation – The tribunal computed the compensation towards loss of future income by considering the whole body disability at 10%. On surmises and conjectures the percentage of disability has been reduced. No reason whatsoever has been assigned by the tribunal for substituting its opinion to that of the expert opinion namely, the doctor …
Aabid Khan vs Dinesh 2024 INSC 291 :: [2024] 4 S.C.R. 264 – Motor Accident Compensation Read More »
Motor Accident Compensation Claims -It is the age of the deceased which ought to be taken into consideration and not the age of the dependents for arriving at the multiplier. (Para 5) [In this case, HC changed the multiplier from 17 to 13 as the deceased was a bachelor and the claimants being his parents, …
Motor Accident Compensation Claim – Assessment of compensation cannot be done with mathematical precision. The Motor Vehicles Act, 1988 also provides for assessment of just and fair compensation [Value of the labour being put in by the deceased in agriculture, it would be reasonable to assess his income at ₹35,000/- per month. Considering his age …