Accident Archives

Is an Employee entitled to disability compensation under Employees’ Compensation Act in absence appointment letter, identity card, attendance card, etc. ? Delhi HC decides

Delhi High Court: Manoj Kumar Ohri J. dismissed the petition as the employer-employee relationship was established by a witness before the court

Case Briefs High Courts

Bom HC │Whether the compensation granted under chapter X of Motor Vehicle Act forfeits the right of the employee to claim compensation under S. 3 of the Employees Compensation Act?

Bombay High Court: S.G. Mehare, J. allowed an appeal against the order passed by the Commissioner for Workmen’s Compensation and Judge Labour

Case Briefs High Courts

[Motor Accident Case] Determination of a just compensation cannot be equated to be a bonanza: Bom HC

Bombay High Court: Addressing a dispute with regard to the percentage of permanent disability and determination of compensation, Shrikant D. Kulkarni, J.,

Case Briefs High Courts

In the case of reckless driving, injured party will have to always prove that either side was negligent? All HC explains

Allahabad High Court: The Division Bench of Dr Kaushal Jayendra Thaker and Ajai Tyagi, JJ., while addressing a case of negligent driving,

Case Briefs High Courts

When a person suffers injury without any negligence on his part, but result of combined effect of negligence of two other persons: Is it a case of composite or contributory negligence? Bom HC answers

Bombay High Court: Expressing that, Negligence does not always mean absolute carelessness, but want of such a degree of care as required

Case Briefs High Courts

Raj HC | Money cannot substitute a life lost but an effort has to be made for grant of just compensation having uniformity in approach; Court observes in a MV accident case demanding higher compensation

Rajasthan High Court: Birendra Kumar J. allowed the appeal and enhanced the award considering the settled guidelines in the subsequent judgments to

Case Briefs Supreme Court

Is dismissal from service per se an unfair labour practice for being disproportionate to the misconduct proved? Supreme Court answers

Supreme Court: While hearing the appeal filed by Maharashtra SRTC, the Division Bench comprising of M. R. Shah* and B. V. Nagarathna,

Case Briefs High Courts

Taking Rs 15,000 as notional income of a family member who is non-earning, in a motor accident claim: Is it reasonable? All HC decides

Allahabad High Court: The Division Bench of Dr Kaushal Jayendra Thaker and Ajai Tyagi, JJ., enhances quantum of award of a non-earning

Case Briefs High Courts

Can ‘minor’ who succumbed to an accident during course of employment be compensated under Employees Compensation Act or Insurance Company will be absolved of its liability? Bom HC explains

Bombay High Court: Bharati Dangre, J., Whether the Insurance Company can be absolved of its liability to pay compensation under the Employees

Case Briefs District Court

Person found to be driving in a drunk state, can his conviction be reduced in light of no previous conviction, clean past and remorse being expressed for such act? Read what Dwarka Court says

Dwarka Courts, New Delhi: Sushil Anuj Tyagi, ASJ while addressing a case of drink and drive, expressed that, “There has to be

Case Briefs High Courts

Ker HC | Can an employee claim Special Disability leave for the period spent on treatment and hospitalization due to road accident while going to workplace? HC answers

Kerala High Court: The Division Bench of A.K. Jayasankaran Nambiar and Mohammed Nias C.P, JJ., directed the government of Kerala to consider

Case Briefs High Courts

Bom HC | In absence of documentary evidence, can monthly income of deceased be determined as notional income for purpose of determining compensation under MV Act? Explained

Bombay High Court: Noting that the Motor Accident Claims Tribunal Member did not properly determine just and proper compensation, V.M. Deshpande, J.,

Case Briefs High Courts

Due to employer’s negligence, an employee suffered 100% disability | Read how Del HC emphasises on principle of res ipsa loquitur and strict liability to pronounce decision

Delhi High Court: Anup Jairam Bhambhani, J., emphasizing the principle of res ipsa loquitur and placing a detailed explanation on the same

Case Briefs Supreme Court

Sending accused to jail 26 years after the incident of rash driving, harsh: Supreme Court

Supreme Court: In a case dating back to the year 1995 where a bus driver had caused an accident, thereby injuring a

Case Briefs High Courts

Gau HC | Deceased being below 40 years of age the future prospects shall be held at 40%; HC allows appeal against enhanced compensation in motor accident case

Gauhati High Court: Parthivjyoti Saikia, J., addressed the instant appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment

Case Briefs Supreme Court

Court appointed IRP Anuj Jain’s arrest over Yamuna Expressway accident killing 7 appalling; SC directs immediate release; issues notice to Investigating Officer

Supreme Court: Appalled with the arrest of Anuj Jain, the Interim Resolution Professional of the company managing the Yamuna Expressway, in connection

Case Briefs High Courts

[MV Act] Kar HC | Evidence is examined on the touchstone of ‘preponderance of probabilities’, Standard of proof of accident beyond reasonable doubt to not apply

Karnataka High Court: A Division Bench of Alok Aradhe and Nataraj Rangaswamy, JJ., disposed of the appeal after modifying the compensation. The

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | “Deceased was on advance annual leave when he met with accident” Tribunal denied special family pension to widow of ex-servicemen

Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A, heard

Case Briefs High Courts

Del HC | Whether it would be fair to deny compensation for loss of dependency to a parent, who may not be dependent on his/her child at the time of accident per se but would become dependent at his/her later age? HC explains

Delhi High Court: J.R. Midha, J., while addressing a motor accidents claim application decided on the issue whether it would be fair to

Case Briefs High Courts

[MV Act] Kar HC| When there is breach of policy condition and the policy is in force at the time of accident, “Pay and Recover” principle to be applied

Karnataka High Court: Ashok S. Kinagi J., allowed the appeal and applied the pay and recover principle fastening the liability on the