Tag: motor vehicle accident

Proximity Not Proof: Supreme Court on Accident Injury and Death Five Months Later
11Oct By The Legal ChamberNo Comments
Supreme Court

Proximity Not Proof: Supreme Court on Accident Injury and Death Five Months Later

The Supreme Court dismissed the appeal, upholding the High Court's finding that the death was not a direct consequence of the motor accident injuries. The legal requirement of establishing a direct causal nexus between the accident and the death was not satisfied, as the medical evidence indicated the fatality was a possible after-effect of the surgery and the victim's pre-existing conditions, not the injuries themselves. Facts Of The Case: On April 29, 2006, an Excise Guard died following injuries sustained in a motorcycle accident. The accident occurred when the motorcycle he was riding collided with another motorcycle. He was initially hospitalized from April 29 to May 3, 2006, for injuries including a compound fracture of multiple metatarsals in his right foot and a fracture in his l...
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Landmark Judgment: Supreme Court Explains How to Calculate Compensation for a Child’s Death
11Sep By The Legal ChamberNo Comments
Supreme Court

Landmark Judgment: Supreme Court Explains How to Calculate Compensation for a Child’s Death

The Supreme Court clarified that in claims under Section 166 of the MV Act, a notional income for a deceased child need not be limited to the figures in Schedule II (for Section 163-A claims). It reinstated the Tribunal's calculation, confirming no deduction for personal expenses is required in such cases. Facts Of The Case: The case originated from a motor accident involving a 10-year-old boy who was fatally struck by a bus owned by the Tamil Nadu State Transport Corporation while he was cycling to school. The parents of the deceased child filed a claim petition before the Motor Accidents Claims Tribunal. The Tribunal, acknowledging the undisputed negligence of the bus driver, awarded a total compensation of ₹8,55,000. This calculation was based on attributing a notional monthly...
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Supreme Court Shifts Liability Back to Insurance Company in Landmark Motor Accident Case
11Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Shifts Liability Back to Insurance Company in Landmark Motor Accident Case

This Supreme Court judgment holds that under Section 147 of the Motor Vehicles Act, 1988, an insurer is liable to indemnify claims for the owner of goods or his authorized representative traveling in a goods vehicle. Furthermore, the registered owner remains liable for compensation until a transfer is formally reported to the Registering Authority under Section 50, and the insurer cannot avoid its liability based on unsubstantiated assertions. Facts Of The Case: A motor accident involving a goods vehicle resulted in several claims for death and injury. The injured and deceased were petty hawkers, such as a fish monger and a vegetable vendor, who were accompanying their goods in the vehicle at the time of the accident. The insurance company contested its liability on two primary gro...
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Supreme Court Landmark Ruling: Skilled Worker Gets Higher Disability Compensation
22Jul By The Legal ChamberNo Comments
Supreme Court

Supreme Court Landmark Ruling: Skilled Worker Gets Higher Disability Compensation

The Supreme Court upheld the claimant's appeal, enhancing compensation for permanent disability from 25% to 35% based on medical evidence, rejecting the Tribunal's unsupported reduction. It affirmed Rs. 6,000/month income for the skilled mason, applying future prospects and multiplier method. The Court emphasized expert medical opinion's primacy in disability assessment and awarded Rs. 7.19 lakh with interest, reinforcing just compensation principles under motor accident claims. Facts Of The Case: The appellant, Suresh Jatav, a skilled mason, suffered severe injuries in a motor vehicle accident on 12.08.2002 when a rashly driven bus collided with his auto-rickshaw. He sustained a compound fracture in his right fibula, requiring surgical intervention and hospitalization for six days, as w...
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