Motor Vehicles Act,1988  - Motor Accident Claim

Insurance Company liable - Compensation to passengers - Travelling in a public transport - Breach of conditions of permit - Insurance policy sitting capacity six persons including driver - Vehicle carrying fifteen passengers - Fell into a ditch - Death majority of passengers - Causing serious injuries - Remaining passengers claim lodged - Tribunal directed - Insurance Co pay compensation to claimants - High court confirmed - Appeal - Liability of the insurer - Confined to number of persons covered by insurance policy - Not beyond the same persons travelling in excess - Entitled compensated by owner - Entitled compensation from insurer recover from owner -Insurance Co deposit total amount awarded - Entitled to recover excess of its liability from owner by execution - Appeals disposed.

Found In:  Topic Index, Subject Index, Judgement

Motor Vehicles Act,1988  - Motor Accident Claim

Motor Accident claim - Appellant/claimant going on motorcycle - Seating on pillion seat - Another scooter from wrong side hit the right leg of the appellant - Result she fell down - Right leg fractured received multiple injuries - Claim - Tribunal awarded compensation of Rs.1,36,547/- with 9% interest - High Court set aside - Appeal - Appellant have 32% permanent disability - Leg was shortened by two inch - Disability certificate was proved - Supreme Court - Complaint is not disputed - Decision of Tribunal cannot be reversed on ground - Nobody came from office of SSP to prove complaint - In a road accident claim - Strict principles of proof in a criminal case are not attracted - Impugned judgment of High Court quashed - Tribunal awarded restored - Appeal allowed.

Found In:  Topic Index, Subject Index, Judgement

Motor Vehicles Act,1988  - Motor Accident Claim

Motor Accident Claim - Compensation - Determination of amount - High Court - Partly allowed the appeal filed by the Insurance Company and reduced the amount of compensation awarded by the Tribunal under the head "loss of earnings" from Rs.5,00,000/- to Rs.2,60,000/- - Evidence on record showed that apart from the monthly salary of Rs.2500/- - Deceased was getting Rs.50/- as daily allowance - Appeal - Tribunal was right in assessing the monthly income of the deceased at Rs.4,000/- - On applying the multiplier of 15 - Court fixed the amount of compensation receivable by the appellants under the head "loss of earnings" at Rs.4,50,000/- - Appeal allowed - No cost.

Found In:  Topic Index, Subject Index, Judgement

Motor Vehicles Act,1988  - Motor Accident Claim

Motor Accident Claim - Extent of disability - Injured in a motor accident - Tribunal awarded compensation of Rs.94,700/-, with interest at 9% per annum - Appeal -Increase in compensation - High Court - Rejected - Appeal - Tribunal proceeded on basis permanent disability 45% - Loss of his future earning capacity also 45% - Tribunal overlooked the fact - Disability certificate referred to 45% disability to left lower limb - Not in regard to the entire body - Permanent disability of the limb could not considered to functional disability of the body nor could be assumed - Result in a corresponding extent of loss of earning capacity - As the disability would not have prevented from carrying on his avocation as a cheese vendor- It might impede in his smooth functioning - While assessing - Permanent functional disability of body as 25%-loss of future earning capacity as 20% -Court increased the compensation by Rs.20,000/- with interest rate awarded by the Tribunal - Appeal partly allowed.

Found In:  Topic Index, Subject Index, Judgement

Motor Vehicles Act,1988  - Section 166

Motor Accident Claim - For sustaining permanent disability - Enhancement of compensation under the head loss of amenities and enjoyment of life and loss of earnings during the laid up period - Held, High Court failed to give sufficient reasons for taking said view - High Court was acting as a Court of first appeal - And was expected to properly analyses the evidence on record before coming to a finding - Leading cases referred - Impugned judgment of the High Court set aside - Matter remanded back to the High Court for decision afresh in the light of law laid down by the Apex Court in its various cases - High Court directed to decide the appeal expeditiously - Appeal allowed

Found In:  Topic Index, Judgement

Motor Vehicles Act,1988  - Motor Accident Claim

Motor Accident Claim - Petition filed for - The Tribunal awarded a lump sum amount of Rs.50,000/- to the claimant with simple interest @ 12% p.a. High Court increased the disability compensation from Rs. 50,000/- to Rs.1,10,000/- with interest @ 9% p.a. on the additional amount - Appeal - Enhancement of compensation - The Supreme Court directed the respondents to pay an additional sum of Rs. 1,10,000/- to the appellants to adequately and properly compensate them under the heads (i) `expenses relating to treatment, hospitalization, medicines, transportation, nourishing food and miscellaneous expenditure' and (ii) `future medical expenses' with simple interest @ 7% p.a. on the additional amount - Appeal allowed.

Found In:  Subject Index

Motor Vehicles Act,1988  - Motor Accident Claim

Claimant a pillion rider of a motor cycle met with an accident due to oil spill on the road - Claimant and driver sustained injuries - Both treated in hospital - Vehicle was insured - Tribunal quantified compensation payable by the Insurance Company at a sum of '3,50,000/- - Aggrieved claimant preferred appeal before High Court enhanced compensation to '4,90,000/- from '3,50,000/- - This judgment and order called in question in appeal - Supreme Court - Held -We do not intend to disturb judgment and order passed by High Court except to a limited extent - It is no doubt true that while making assessment - There is an element of guess work - The Court has the discretion to accept either totally or partially or reject Certificate so produced and marked in trial - Appeal partly allowed.

Found In:  Subject Index

Motor Vehicles Act,1988  - Motor Accident Claim

Motor Accident Claim - Compensation - Tribunal found the claimant's son died in accident - Caused by the bus and the truck - Negligent driving by the drivers of the vehicles - Computed compensation to Rs. 60,000/- - After adjusting Rs. 25,000/- which was paid to claimant towards no fault liability - Held - Claimant was entitled to further sum of Rs. 35,000/- and-simple interest @ 10% p.a - High Court - Confirmed - Appeal for enhancement - Deceased was 22 year old and not married - Evidence showed deceased was in forest department -Court enhanced compensation to Rs. 1,32,000/- paid by insurance companies with the simple interest of 10% per annum - Appeal allowed.

Found In:  Subject Index, Judgement

Motor Vehicles Act,1988  - Section 140 , Section 166

Victim met with motor accident- Rash and negligent reversing of the truck driver - Tribunal and High Court rejected the claim - Ground - FIR of the incident lodged belatedly -Appellant failed to establish -Fateful day said truck was involved in motor road accident- Causing injuries to him - Appeal - Whether delay in lodging the FIR of accident- Could prove fatal - Result into dismissal of Claim Petition - Accident on 7.10.2023 - FIR lodged by Appellant's father on 26.1.2024 - Appellant's father gave exact and vivid description of accident -Injuries sustained by his son - Even the owner of the vehicle- Admitted -His vehicle met with an accident on 7.10.2023 - He was intimated on phone very same day- Amply proved - Truck was involved in road accident - Delay in lodging FIR satisfactory explained - Certificate by Medical Board - Clearly established -Permanent disability to the extent of 50% - After several surgeries - Not able to control his urination - Respondents are directed - Jointly & severally - Rs.2.5 lac compensation with interest @ 6% p.a. to appellant - Claim petition allowed.

Found In:  Judgement

Motor Vehicles Act,1988  - Section 166

Claim petition - Deceased walking along - Side of National Highway - Lorry driven rashly suddenly hit him - Died on the spot - Tribunal view of the rash and negligent driving - Awarded a compensation of Rs.1,71,600/- with interest @ 12% p.a. cost of Rs.1,500/- to claimants - High Court - Reduced compensation to Rs.85,000/- interest @ 12% p.a. - Appeal - Supreme Court - High Court should have proceeded to compute the compensation on the age of the deceased - Order of High Court set aside - Tribunal restored - Appeal allowed - No costs.

Found In:  Judgement