Esheria India Case Law
Sign in
India Source-linked decisions Coverage checked

India Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
0 court collections
Last checked

Search and filter India case law

Results update automatically as you type.

India decisions

Decisions matching the current search

Clear filters
Motor vehicles

THE ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED versus SMT. HONNAMMA & ORS.

Because the insured tractor was the root cause of the sequence of events leading to the trailer overturning and the death, the insurer of the tractor is liable for the compensation awarded for that accident; however, the insurer's liability is subject to the limits provided by the policy or by law (whichever is higher), and in this case the appellant's liability shall in no event be less than Rs.9,50,000; the High Court's enhancement and allocation of liability to the insurer are upheld subject to the stated contractual/statutory caps and right of the insurer to recover any differential from…

Source excerpt

  • Fatal accident
  • Liability of insurance company
  • Trailer attached to tractor
  • Chain of causation
  • Enhancement of compensation
  • Statutory limits of insurer's liability
Read case analysis
Motor vehicles

THE NEW INDIA ASSURANCE CO. LTD. versus GOPU & ANR.

The appeal to the High Court was barred by excessive delay and Sections 6 and 5 of the Limitation Act do not permit the period to be extended for appeals; where minors were represented by their natural guardian who chose not to appeal, the claimed disability of minority cannot be invoked to condone the delay. Therefore the High Court's enhancement of compensation was not sustainable and its judgment is set aside.

Source excerpt

  • Limitation to file appeal
  • Legal disability (minority)
  • Natural guardian
  • Enhancement of compensation
  • Condonation of delay
Read case analysis
Motor vehicles

SACHIN YALLAPPA USULKAR & ORS. versus VIJAYATA & ORS.

On reappraisal of the evidence the Court found no substantive or direct evidence that Appellant No.2 (the minor) was driving the offending vehicle; eyewitness and other testimony indicated the father of Appellant No.2 was driving. Therefore the findings of the Tribunal and High Court insofar as they held the minor to be the driver were set aside; however, the award of compensation by the High Court was upheld and the insurer was held liable to pay the compensation and was not entitled to recover from the owner/driver in this case.

Source excerpt

  • Motor accident claim
  • Compensation
  • Driver liability
  • Pay and recover
  • Minor liability
Read case analysis
Insurance

SHRI BINOD KUMAR SINGH versus NATIONAL INSURANCE COMPANY LTD.

The National Permit was valid up to 13.10.2017 and, since the truck was registered in Bihar and caught fire within Bihar, the authorization fee (payable only when moving out of the State) was not required; repudiation of the claim on that ground was unfounded, entitling the appellant to the claim and interest at 9% per annum from the date of the complaint until payment.

Source excerpt

  • Insurance claim
  • National permit
  • Authorization fee
  • Repudiation of claim
  • Interest on award
Read case analysis
Motor vehicles

BABY SAKSHI GREOLA versus MANZOOR AHMAD SIMON AND ANOTHER

The Supreme Court held that although the medical certificate assessed disability at 75%, for all practical purposes the appellant’s disability should be treated as 100%; for computation of future loss the minimum wage for a skilled worker in Delhi as on 2.6.2009 (Rs.4,358/month) is to be used as the multiplicand with 40% addition for future prospects and multiplier 18 (age-based), resulting in loss of earning capacity of Rs.13,18,000; attendant charges must be computed on full-time skilled attendant basis using the skilled minimum wage and multiplier 18 resulting in Rs.9,42,000; pain and suff…

Source excerpt

  • Loss of earning capacity
  • Attendant charges
  • Pain and suffering
  • Future medical treatment
  • Disability assessment
  • Multiplier method
Read case analysis
Motor vehicles

MASTER AYUSH versus THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO. LTD. & ANR.

The appropriate method to assess loss of future earnings for the five-year-old paraplegic appellant is to use the State's minimum wage for a skilled workman as on the date of accident (rounded to Rs.3700 per month) as notional income, add 40% for future prospects (making Rs.5180 per month), apply multiplier 18 to arrive at loss of future earnings of Rs.11,18,880; further, award lump sums for past medical expenses (Rs.5,74,000), future medical devices (Rs.10,00,000 for two devices), pain and suffering and loss of amenities (Rs.10,00,000), loss of marriage prospects (Rs.3,00,000), attendant cha…

Source excerpt

  • Just compensation
  • Loss of future earnings
  • Minimum wages as notional income
  • Future prospects
  • Attendant charges
  • Future medical expenses
Read case analysis
Insurance

IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. versus PEARL BEVERAGES LTD.

For an insurer to invoke an insurance exclusion for loss occurring while the vehicle was driven by a person "under the influence of intoxicating liquor," it must prove on the facts that the driver was under the influence so that alcohol contributed perceptibly to the accident; proof under Section 185 MV Act (BAC>30 mg/100ml by breathalyser/laboratory test) is one manner of proof but it is not indispensable in proceedings under the Consumer Protection Act, and absence of a breath or blood test does not automatically prevent the insurer from proving exclusion by other admissible evidence.

Source excerpt

  • Drunken driving
  • Exclusion clause in insurance contract
  • Interpretation of "under the influence of intoxicating liquor"
  • Section 185 motor vehicles act, 1988
  • Breathalyser and laboratory tests
  • Burden of proof (evidence act s.106)
Read case analysis
Motor vehicles

ANITA SHARMA & ORS. versus THE NEW INDIA ASSURANCE CO. LTD. & ANR.

The High Court erred in disbelieving the solitary independent eye-witness (AW-3) and in placing reliance on a hearsay and belated FIR; in MACT claims the standard is preponderance of probabilities, failure of respondents to cross-examine AW-3 leads to tacit admission, and therefore the Tribunal’s finding of liability against the respondents is upheld. The appellants are entitled to the Tribunal award, with a 40% addition for future prospects; the Tribunal is directed to re-calculate compensation and the insurer to deposit the amount with interest at 8.5% within the stipulated time.

Source excerpt

  • Compensation
  • Witness credibility
  • Standard of proof
  • Future prospects
  • Liability
  • Cross-examination
Read case analysis
Motor vehicles

THE NEW INDIA ASSURANCE COMPANY LIMITED versus SMT. SOMWATI AND OTHERS

The Court held that (a) awards of 'loss of consortium' to each of the claimants (including spousal, parental and filial consortium) are in accordance with binding precedent and do not warrant interference, and (b) there is no justification for awarding compensation under a separate head of 'loss of love and affection', and such awards are set aside; tribunals are to recompute awards accordingly.

Source excerpt

  • Loss of consortium
  • Loss of love and affection
  • Conventional heads
  • Spousal consortium
  • Parental consortium
  • Filial consortium
Read case analysis
Motor vehicles

RAJENDRA SINGH AND OTHERS versus NATIONAL INSURANCE COMPANY LIMITED AND OTHERS

The 50% deduction for contributory negligence against the deceased passengers was unjustified and is set aside; the notional income of the deceased housewife is held to be Rs.5,000 per month, with 1/4th deduction for personal expenses and multiplier 17 yielding Rs.7,65,000, and appellants entitled to 40% future prospects plus loss of consortium and future expenses leading to total compensation of Rs.11,96,000 for the housewife; the compensation for the deceased minor child is assessed at Rs.2,95,000 and is not increased further under a separate head of future prospects.

Source excerpt

  • Contributory negligence
  • Assessment of compensation
  • Future prospects
  • Loss of consortium
  • Notional income
Read case analysis

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.