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Motor accidents

NATIONAL INSURANCE COMPANY LTD. versus MAYA DEVI & ORS.

The insurer failed to rebut the MACT findings and the Final Report under Section 173 CrPC identifying the insured vehicle as involved, did not prove that the premium was not paid prior to the accident, and did not prove alleged fraud; the Certificate of Insurance cum Policy Schedule recorded the date of commencement of risk as 11/04/2017, and on the facts the policy covered the vehicle at the time of the accident; therefore the insurer is liable to indemnify and the appeals are dismissed.

Source excerpt

  • Mact award
  • Insured vehicle
  • Accident
  • Final report
  • Insurance certificate
  • Cross examination
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Motor accidents

VELAYUDHAN versus NATIONAL INSURANCE CO. LTD. & ANR.

The Supreme Court held that given the severity of injuries, prolonged hospitalization and 68% permanent disability (assessed as 100% by the High Court), the awards by the Tribunal and High Court were inadequate; the Court increased the award for pain, shock and suffering to Rs.4,00,000, treated claimant's monthly income as Rs.5,000 for past and future economic loss and applied a multiplier of 15, resulting in enhanced compensation totalling Rs.15,42,800 with 7.5% interest from the date of the claim petition.

Source excerpt

  • Pain and suffering
  • Future economic loss
  • Permanent disability
  • Loss of earning
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Workmen's compensation act, 1923

SHANTILATA SETHY AND ANOTHER versus M/S DIVISIONAL MANAGER, THE NEW INDIA INDIA ASSURANCE COMPANY LIMITED AND ANR.

Where an employer admits the monthly wage of an informal worker, that admission must be accepted absent contrary evidence; a small daily food allowance paid by the employer falls within the exclusion for 'special expenses' in Section 2(m) and is not to be added to wages for computation under Section 4; interest on compensation is payable from the date of the accident under Section 4-A as settled by precedent. Accordingly the High Court erred in substituting the admitted wage with the minimum wage and in curtailing interest.

Source excerpt

  • Compensation calculation under section 4
  • Interest under section 4-a
  • Definition of wages under section 2(m)
  • Judicial review of compensation awards
  • Costs and litigation conduct
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Motor accidents

SUBE SINGH AND ANR. versus SHYAM SINGH (DEAD) AND ORS.

Multiplier to calculate compensation under Section 166 of the Motor Vehicles Act must be determined with reference to the age of the deceased, not the age of dependents. Therefore, multiplier 18 applies for a 23-year-old deceased.

Source excerpt

  • Multiplier applicability for compensation
  • Fatal accident compensation
  • Section 166 motor vehicles act
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Motor accidents

MITHUSINH PANNASINH CHAUHAN versus GUJARAT STATE ROAD TRANSPORT CORPORATION & ANR.

The appellant suffered serious injuries leading to 30–50% permanent disability, loss of speech, memory, mobility, and employment. Courts below failed to account for his impaired quality of life and sustained pain. A compensation of Rs. 4 lakhs is just and reasonable, taking into account medical expenses, future income loss, and mental agony.

Source excerpt

  • Compensation assessment
  • Permanent disability
  • Loss of income
  • Pain and suffering
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Criminal law

STATE OF KARNATAKA versus SHARANAPPA BASANAGOUDA AREGOUDAR

Having regard to the seriousness of the accident which resulted in four deaths, the Single Judge should not have reduced the sentence; the trial court's sentence of six months' simple imprisonment for the offence under Section 304A IPC is restored and the High Court's order reducing it to a fine is set aside.

Source excerpt

  • Rash and negligent driving
  • Sentence reduction on revision
  • Discretion in sentencing
  • Deterrence and public interest
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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.