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Motor vehicle accident

THE ORIENTAL INSURANCE CO. LTD. versus NIRU @ NIHARIKA & ORS.

The Supreme Court upheld the Tribunal's multiplier of 13 and the High Court's computation (final total award Rs.76,63,508), held that 9% interest from the date of filing to the date of disbursement is appropriate, and that awarding interest on future prospects is not illegal; accordingly the Special Leave Petitions were rejected.

Source excerpt

  • Compensation
  • Multiplier
  • Loss of dependency
  • Loss of consortium
  • Loss of estate
  • Funeral expenses
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Motor vehicle accident

MAYA SINGH AND OTHERS versus THE ORIENTAL INSURANCE CO. LTD. AND OTHERS

The High Court erred in applying the split multiplier without recording special reasons; the Tribunal's application of multiplier 9 on annual income of Rs.4,57,000 (with one-third deduction for personal expenses) was correct; the appellants are entitled to future prospects at 15%; loss of estate and funeral expenses of Rs.15,000 each are appropriate; loss of consortium is Rs.40,000 each for three claimants; accordingly the award is modified and enhanced to a total of Rs.33,03,000 with interest at the rate awarded by the Tribunal.

Source excerpt

  • Application of multiplier
  • Split method
  • Loss of dependency
  • Future prospects
  • Loss of estate
  • Funeral expenses
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Motor vehicle accident

T.C. JOHN @ YOHANNAN (DECEASED) THROUGH LRS. versus V.J. ANTONY AND OTHERS

The Supreme Court affirmed the High Court's assessment of compensation, held that the appellants are not entitled to interest for the 708-day delay in filing the appeal (attributable to them) but modified the High Court order to allow the appellants interest at the same rate for the period 22.06.2016 to 13.07.2023 because the delay in supplying the paper book by their counsel cannot be imputed to the appellants.

Source excerpt

  • Enhancement of compensation
  • Interest
  • Condonation of delay
  • Denial of interest
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Criminal law

SURENDRAN versus SUB-INSPECTOR OF POLICE

Conviction under Sections 279, 337 and 338 IPC is affirmed; however, having regard to the fact that 26 years have elapsed since the incident and the appellant remained on bail, the six months imprisonment awarded under Sections 279 and 338 IPC is converted into fines of Rs.1000 each, while the fine imposed under Section 337 IPC is maintained; the accused is directed to deposit Rs.2000 within one month in the Trial Court.

Source excerpt

  • Conviction under ipc sections 279, 337, 338
  • Conversion of sentence to fine due to delay
  • Bail and delay in sentencing
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Motor vehicle accident

KALIM KHAN & OTHERS versus FIMIDABEE & OTHERS

Accident arose out of the use of the tractor, as the battery installed in the tractor was used to power explosives for digging the well; thus, causal connection between the accident and use of motor vehicle is established under Section 165. However, liability determination between insurer and owner depends on further assessment of insurance policy terms and evidence.

Source excerpt

  • Compensation
  • Liability of insurer
  • Maintainability of claim petition
  • Use of motor vehicle
  • Breach of insurance policy
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Motor vehicle accident

LAL SINGH MARABI versus NATIONAL INSURANCE COMPANY LTD. & ORS.

Considering medical evidence and factual matrix, permanent disability is taken as 90% with annual income at Rs.24,000; compensation calculated with multiplier 17 and inclusion of artificial limb cost; insurance company to pay and recover from bus owner/driver.

Source excerpt

  • Compensation
  • Quantum
  • Permanent disability
  • Interest
  • Artificial limb
  • Insurance liability
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Motor vehicle accident

SHASHIKALA & ORS. versus GANGALAKSHMAMMA & ANR.

Compensation awarded for fatal accident is to be enhanced but the issue of whether additions towards future prospects for self-employed should apply is unresolved due to conflicting precedents; matter must be referred to a larger Bench for authoritative determination. Pendente lite, enhanced compensation to be paid.

Source excerpt

  • Computation of compensation
  • Future prospects in self-employment
  • Judicial discipline
  • Reference to larger bench
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Motor vehicle accident

JAKIR HUSSEIN versus SABIR & ORS.

Where a claimant-driver suffers permanent disabling injury to the limb essential for his skilled occupation, loss of earning capacity may be treated as 100%. Just and reasonable compensation for pecuniary and non-pecuniary damages must be calculated, including future medical expenses, applying a suitable multiplier, and allowing interest at 9% p.a. due to prolonged litigation. The Insurance Company is liable, and alternative employment is not sufficient to reduce compensation.

Source excerpt

  • Compensation assessment
  • Permanent disability
  • Interest on compensation
  • Multiplier method
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Motor vehicle accident

RAM CHANDRA versus REGIONAL MANAGER UNITED INDIA INSURANCE CO. LTD.

Liability of the insurance company to pay compensation for death or bodily injury to an employee in a motor accident cannot be restricted to the Workmen's Compensation Act; claimants are entitled to compensation under the Motor Vehicles Act, subject to the contract terms of the insurance policy and extra premium being paid. Insurer's liability is not limited unless contract or policy evidence supports otherwise; absence of policy clauses or evidence means insurer must pay amount determined by Tribunal.

Source excerpt

  • Statutory liability under workmen's compensation act vs. motor vehicles act
  • Insurance liability for employees
  • Apportionment between owner and insurer
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Motor vehicle accident

STATE OF KERALA versus E.T.ROSE LYND & ORS.

Directions 3 and 5 issued by the High Court ordering construction of bus bays and provision of parking spaces could not have been justified on statutory or factual grounds, were not supported by complete facts or feasibility considerations, and were thus set aside.

Source excerpt

  • General directions in accident claim proceedings
  • Construction of bus bays
  • Parking regulations
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.