Tag: fatal accident case

Supreme Court Prioritizes Eyewitness Account Over Police Statement in Accident Case
7Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Prioritizes Eyewitness Account Over Police Statement in Accident Case

The Supreme Court held that the High Court erred in disregarding the testimony of the eyewitness (PW-1) and documentary evidence (FIR, charge sheet) while relying on an unproven police statement (Ex-D1). It reinstated the MACT's compensation award, ruling that the insurer failed to disprove negligence by the offending vehicle's driver under Section 166 of the MV Act. The Court emphasized that non-examination of additional witnesses or delayed reporting was not fatal to the claim. Compensation of ₹12.43 lakhs was upheld, with 85% apportioned to the deceased's wife. Facts Of The Case: On September 24, 2021, Nathuram Ahirwar was riding a motorcycle with his wife (PW-1) as a pillion rider when their vehicle was allegedly hit from behind by a mini-truck (APE pickup) bearing registration MP 04...
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Supreme Court Clarifies Compensation Rules Under MV Act: Insurer Liable Despite Negligence Claims
5Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Compensation Rules Under MV Act: Insurer Liable Despite Negligence Claims

The Supreme Court held that under Section 163A of the Motor Vehicles Act, 1988, proof of negligence is not required for claiming compensation, as the provision operates on a structured formula basis. The Court emphasized that compensation must be computed as per the Second Schedule of the Act, excluding non-scheduled heads like loss of love and affection. It ruled that the deceased, being a third party to the offending vehicle, entitled the claimants to compensation, payable jointly and severally by the insurer of the offending vehicle. The judgment clarified that Section 163A has an overriding effect over other provisions of the Act, ensuring expedited compensation without fault liability adjudication. Facts Of The Case: On the night of November 15, 2006, Surender Singh was driving a tr...
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Supreme Court Orders Insurance Payout Despite FIR Delay : Justice for Victim’s Family
5Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Orders Insurance Payout Despite FIR Delay : Justice for Victim’s Family

The Supreme Court of India overturned the High Court's decision, ruling that the delay in FIR registration and minor discrepancies in eyewitness testimony did not disprove the involvement of the offending vehicle in the accident. The Court upheld the Tribunal's compensation award, emphasizing that the insurer failed to examine the investigating officer to challenge the evidence. The judgment reinforced the principle that technicalities should not override substantive justice in motor accident claims. Facts Of The Case: The case involved a motor accident where the deceased, a school peon, died after his motorcycle collided with a speeding vehicle. His wife and three minor children filed a claim before the Motor Accidents Claims Tribunal (MACT), which awarded them compensation of ₹46,29,15...
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Supreme Court Clarifies Compensation Rules for Loss of Dependency in Fatal Accident
5Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Compensation Rules for Loss of Dependency in Fatal Accident

The Supreme Court upheld the High Court’s decision, affirming the Motor Accident Claims Tribunal’s award of ₹76.63 lakhs with 9% interest. It rejected the insurer’s plea to reduce the multiplier, holding that remarriage of the widow did not negate dependency claims of minor children. The Court also clarified that future prospects and interest apply from the claim filing date, emphasizing timely compensation. Delay in adjudication was not solely attributable to claimants, justifying the interest rate. The judgment reinforces precedent-based compensation principles in fatal accident cases. Facts Of The Case: The case involved a fatal motor accident that occurred on 18 November 1995, when a car collided with a truck due to the alleged rash and negligent driving of the truck driver. The dece...
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Supreme Court Clarifies Dependency Rights in Accident Claims: Key Takeaways on Legal Heirs & Dependency
17May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Dependency Rights in Accident Claims: Key Takeaways on Legal Heirs & Dependency

The Supreme Court upheld the High Court's decision denying enhanced compensation to the married daughter (Appellant No. 1) under the Motor Vehicles Act, 1988, as she failed to prove financial dependency on the deceased. However, it reversed the dismissal of the mother’s (Appellant No. 2) claim, awarding her ₹19.22 lakhs, recognizing her dependency and applying principles from Pranay Sethi and Sarla Verma for just compensation. The ruling clarified that legal heirs must establish dependency for loss-of-income claims, except under Section 140’s no-fault liability. Facts Of The Case: On January 26, 2008, Smt. Paras Sharma died in a road accident when a Rajasthan Roadways bus, negligently taking a sudden right turn, crushed her two-wheeler. Her married daughter (Appellant No. 1) and elderly ...
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