Bombay HC denies contributory negligence of car which dashed trailer with no parking or tail lights
Bombay High Court found driving a 70 feet long trailer without any brake light or tale lamps as a grievous negligence.
MACT
‘Witnesses from West Bengal expected to communicate and convey their version in National Language Hindi before UP Court’: SC
There are at least twenty-two official languages in India, and it is no doubt that people speak different languages, however, Hindi is the national language.
Punjab and Haryana High Court| Motor Accident claims must be proved on the touchstone of preponderance of probabilities
Punjab and Haryana High Court: Alka Sarin, J., has upheld the award by Motor Accident Claims Tribunal (MACT) stating that it is
Bom HC | Whether separate earnings of a widow disentitle her from claiming compensation in a case of a vehicular accident? Read the interesting aspects: Whether remarriage, number of dependents, etc. will have an impact in claim petitions
Bombay High Court: S.M. Modak, J., dealt with some significant issues in a claim petition wherein a widow is earning and has
All HC | Can pension of deceased be deducted while granting compensation to his widow in a motor accident case? HC elaborates
Allahabad High Court: Dr Kaushal Jayendra Thaker, J., modified the sum of the award granted to a widow by the Motor Accident Claims
Chh HC | S. 66 MV Act necessitates ‘permit’ for a passenger carrying commercial vehicle to make insurance company liable for compensation; Appeal partly allowed
Chattisgarh High Court: A Division Bench of P. R. Ramchandra Menon and Parth Prateem Sahu JJ., allowed the appeal partly and modified
[MV Act] Kar HC | Will absence of valid and effective DL by the offending driver absolve insurance company to pay compensation? “Pay and Recover” principle applied
Karnataka High Court: Ashok G. Nijagannavar, J., allowed the appeal and enhanced the compensation in light of the “pay and recover” principle.
All HC | Whether res judicata will apply where issue of negligence already decided by competent Tribunal in claim arising out of same accident? Court examines
Allahabad High Court: Dr Kaushal Jayendra Thaker, J., while addressing the matter observed that: “…where there are multiple claims, MACT should place all
Ker HC | Presence of a neurologist in medical diagnosis for purpose of issuing medical certificate is necessary when accident victim suffers from neurological disorders; MACT order set aside
Kerala High Court: Writ petition has been allowed by Sathish Ninan, J., finding merits in the petitioner’s arguments and consequently setting aside
Bom HC | In motor accident cases, is there a hard and fast rule to award interest from the date on which claim application is made? Law regarding S. 171 MV Act discussed
Bombay High Court: V.L. Achliya, J., while addressing the issue with regard to the interest on compensation awarded in a motor accident case,
Madras HC | Can MACT deal with claims & policies other than Accident Claims provisions of MV Act? Contractual & Statutory liability cannot be equated: HC elaborates
Madras High Court: S.M. Subramaniam, J., while addressing a motor accident claim, observed that, Once, the policy is contractual in nature and the
All HC | Whether principle of res judicata in a subsequent claim would apply on an issue of fact which in the former proceedings was decided by a forum of competent jurisdiction between same parties; MACT award modified
Allahabad High Court: Attau Rahman Masoodi, J., allowed the appeal and modified the impugned order by applying the principle of res judicata.
Bom HC | Compensation granted under MV Act increased by adjusting the notional income in accordance with current value of rupee
Bombay High Court: M.G. Giratkar, J., allowed an appeal filed against the order of the Motor Accidents Claim Tribunal (“MACT”) whereby the appellants-claimants
Madras HC | “Liquor spoils many families and takes away precious lives; hope Govt. takes measures to bring back prohibition of 1937 to 1971”
Madras High Court: The Bench comprising of N. Kirubakaran, J., in an appeal filed against the judgment and decree of Motor Accidents
Principles while considering petition for condonation of delay reiterated, lack of bona fides is ground for dismissal
Sikkim High Court: A Single Judge Bench comprising of Meenakshi Madan Rai, Acting CJ. dismissed a petition filed for condonation of 50
Condonation of delay rejected due to ‘lackadaisical approach’ of the applicant
Sikkim High Court: A Single Judge Bench comprising of Meenakshi Madan Rai, Acting CJ. dismissed an application for condonation of 115 days’