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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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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
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Motor vehicle law

RAVI versus BADRINARAYAN AND ORS.

Delay in lodging FIR cannot be a ground to dismiss a genuine motor accident compensation claim if the claimant provides satisfactory and valid reasons. Where injuries are of a permanent nature and negatively impact the victim's life, compensation must be adequate and proper, commensurate with the degree of disability and suffering.

Source excerpt

  • Motor accident claim
  • Delay in fir
  • Permanent disability compensation
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Motor vehicle law

NEW INDIA ASSURANCE CO. LTD. versus SMT. SITA BAI AND ORS

Since the accident occurred at 10:00 AM and the insurance policy commenced at 21:00 hours on the same day, the insurer is not liable for the accident because the policy was not operative at the accident time.

Source excerpt

  • Motor accident claim
  • Insurer's liability
  • Commencement of insurance policy
  • Section 92-a motor vehicles act
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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.