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Motor vehicles act, 1988

R. HALLE versus RELIANCE GENERAL INSURANCE COMPANY LIMITED

The Supreme Court held that on the uncontroverted medical and neuropsychological evidence (Medical Board certificate and neuropsychological assessment showing severe memory impairment, frontal lobe dysfunction and IQ 65 with partial blindness and orthopedic limitations) the appellant's injuries cumulatively rendered him functionally incapable of discharging his pre-accident managerial duties; accordingly functional disability for computation of loss of earning capacity was to be assessed at 100%, the MACT and High Court awards were modified and total compensation was recalculated to Rs.97,73,…

Source excerpt

  • Assessment of disability
  • Loss of earning capacity
  • Enhancement of compensation
  • Reappreciation of evidence by appellate court
  • Neuropsychological assessment
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Motor vehicles act, 1988

V. PATHMAVATHI & ORS. versus BHARTHI AXA GENERAL INSURANCE CO. LTD & ANR.

The salary certificate and employer affidavit established the deceased's fixed monthly income at Rs.10,000/-, and in view of Pranay Sethi an addition of 40% for future prospects was mandatory (deceased aged 37 and on fixed salary), leading to a notional monthly contribution of Rs.10,500/- and loss of dependency of Rs.18,90,000/-; further, 'loss of love and affection' is not a separate head and its non-pecuniary effects are subsumed within 'consortium'; accordingly total compensation of Rs.20,80,000/- awarded with interest @9% p.a. from date of filing.

Source excerpt

  • Assessment of income
  • Future prospects
  • Loss of love and affection
  • Consortium
  • Interest on compensation
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Motor vehicles act, 1988

SITHARA N.S. & ORS. ETC. versus SAI RAM GENERAL INSURANCE COMPANY LIMITED

Concurrent findings of the Tribunal and High Court that the appellants failed to prove involvement of the alleged offending vehicle were based on proper appreciation of evidence (material contradictions in witness testimony, improbability of alleged confessions, omission in complaint, spot mahazar prepared days later and MVI report showing no damage), and absent perversity or exceptional circumstances this Court will not interfere; consequently claims fail for want of cogent and reliable proof of the vehicle's involvement despite the occurrence being established.

Source excerpt

  • Involvement of the offending vehicle
  • Compensation
  • Rash and negligent driving
  • Standard of proof — preponderance of probabilities
  • Contradictions in witness testimony
  • Omission of vehicle registration number
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Motor vehicles act, 1988

PREETHA KRISHNAN & ORS. versus THE UNITED INDIA INSURANCE CO. LTD. & ORS.

A split multiplier is not to be adopted as a matter of course and is a concept foreign to the Motor Vehicles Act, 1988; compensation must be calculated on the basis of the income as on the date of death and split multiplier can only be used in exceptional circumstances with such circumstances recorded; ordinary superannuation/retirement does not constitute such an exceptional circumstance, and Pranay Sethi directives (including enhancement under conventional heads) must be followed; accordingly the Tribunal award is modified to reflect these principles and the compensation is enhanced to Rs.4…

Source excerpt

  • Split multiplier
  • Calculation of compensation
  • Future prospects
  • Multiplier application
  • Superannuation and retirement
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Motor vehicles act, 1988

U.P. STATE ROAD TRANSPORT CORPORATION THROUGH ITS CHIEF GENERAL MANAGER versus KASHMIRI LAL BATRA & ORS

The High Court order directing countersignature was set aside because, as a matter of law, approved schemes and notified intra-State routes under Chapter VI override IS-RT Agreements under Section 88; relief to private operators to ply on overlapping inter-State routes cannot be granted unless it is conclusively shown that the MPSRTC has been wound up and the States reach a consensus to modify the IS-RT Agreement and give effect to inclusion of routes in Schedule A. The appeals were allowed, connected orders set aside and the writ petition dismissed, with directions for inter-State administra…

Source excerpt

  • Stage carriage permit
  • Inter-state reciprocal transport agreement (is-rt agreement)
  • Notified intra-state route / approved scheme (chapter vi)
  • Countersignature of permits
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Motor vehicles act, 1988

SHYAM LAL versus SHRIRAM GENERAL INSURANCE CO. LTD. AND OTHERS

The certificate of registration and contract carriage permit and the package policy identified the vehicle as a Utility Van with seating capacity 4+1; the 'limitation as to use' clause in the policy, being directed at goods vehicles, did not apply to the utility vehicle; the insurer admitted the policy was issued after perusing registration and permit and gave no recital excluding passenger cover; eyewitness evidence supported four passengers being onboard; accordingly the insurer was liable to indemnify the owner and the High Court order directing pay and recover was not sustained.

Source excerpt

  • Motor vehicle accident claim
  • Insurance policy interpretation
  • Pay and recover
  • Limitation as to use
  • Seating capacity and overloading
  • Contract carriage vs goods carriage
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Motor vehicles act, 1988

KAVIN versus P. SREEMANI DEVI & ORS.

The High Court erred in reducing the MACT award; the MACT's findings on 100% permanent disability and need for lifelong care were not controverted and warranted restoring and enhancing several heads of compensation. The claimant is entitled to total compensation of Rs.8,283,866 under Section 166, with specified enhancements for future medical expenses, attendant charges and permanent disability, and unpaid amount to be paid within four weeks with interest at 7.5% per annum. Appeals allowed.

Source excerpt

  • Compensation
  • Reduction in compensation
  • Permanent disability
  • Pain and suffering
  • Attendant charges
  • Motor accident
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Motor vehicles act, 1988

HANUMANTHARAJU B (DEAD) BY LR. versus M AKRAM PASHA & ANR.

Pensionary or retirement benefits cannot be deducted from the last drawn salary when computing compensation under the Motor Vehicles Act; the Tribunal appointed Commissioner's unchallenged assessment of 77.72% (rounded to 78%) disability should be accepted; an addition of 30% for future prospects applies as the claimant was 43 years old; multiplier 14 is appropriate; applying these principles the compensation is enhanced to Rs.67,36,084 with simple interest at 7% p.a., payable by the respondents jointly and severally (Respondent No.2 to pay within six weeks).

Source excerpt

  • Motor accident claim
  • Mact
  • Deduction of pension
  • Future prospects
  • Rate of interest
  • Physical disability assessment
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Employees' compensation act, 1923

KAMAL DEV PRASAD versus MAHESH FORGE

The Court held that departure from the Schedule is permissible in appropriate cases where functional disability (especially multiple injuries to the same operational hand) cannot be captured by mere aggregation of Schedule entries. Given the appellant's right (operational) hand was severely mutilated (loss of phalanges of four fingers) and the consequent functional incapacity to operate the forging machine, the Court assessed the disability at 50% and ordered compensation accordingly, with interest at 12% from the date of the accident and a 50% penalty as directed.

Source excerpt

  • Functional disability
  • Assessment of compensation
  • Aggregation of injuries
  • Schedule i to employees' compensation act
  • Interest and penalty
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Motor vehicles act, 1988

NEW INDIA ASSURANCE CO. LTD. versus KAMLESH AND OTHERS.

When the Rules of 2006 apply to a deceased government employee, the tribunal must compute loss of dependency under the Motor Vehicles Act on the basis of last drawn pay plus future prospects and the appropriate multiplier, deduct the amounts payable under the Rules of 2006 from that computed loss of income, and if the MV Act computation exceeds the Rules amounts the difference is payable to claimants; applying that method in this case yields total compensation of Rs.7,86,119 and amounts already paid shall not be refunded.

Source excerpt

  • Compensation
  • Deduction of statutory/benefit amounts from mv act compensation
  • Loss of dependency
  • Multiplier method
  • Future prospects
  • Conventional heads (loss of consortium, funeral, estate)
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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.

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