2023 SCC Vol. 3 Part 3
Motor Vehicles Act, 1988 — Ss. 166, 168 and 173 — Permanent disability: Principles to be adopted by Tribunals/Courts for determination of
Motor Vehicles Act
2022 SCC Vol. 10 Part 4
Civil Procedure Code, 1908 — Or. 12 R. 6 — Grant of relief on the basis of admission — When
Kerala High Court prohibits use of contract carriages and other transport vehicles in public places flouting prescribed safety standards
Kerala High Court: In a suo motu cognizance of the case relating to the use of contract carriages vehicles that
2022 SCC Vol. 2 Part 4
In 2022 SCC Volume 2 Part 4, read a very interesting decision, wherein a death row convict subjected a 5-year-old girl to
“A bus by bus, a mini-bus by mini-bus and not bus by a mini-bus” isn’t a correct way to interpret the expression “same nature”: Supreme Court
Supreme Court: The Division Bench comprising of K.M. Joseph and Pamidighantam Sri Narasimha*, JJ., held that Rule 174(2)(c) of the Kerala Motor
To operate in State of Maharashtra, Uber and other unlicensed aggregators to apply for license before 16th March 2022: Bom HC
Bombay High Court: The Division Bench of Dipankar Datta, CJ and Vinay Joshi, J., directed UBER and other transport aggregators who have
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
Explained| Motor Accident Claims: Deceased not earning at the time of death – Can heirs claim future prospect/future rise in income?
“To have the perception that he is likely to remain static and his income to remain stagnant is contrary to the fundamental concept of human attitude which always intends to live with dynamism and move and change with the time.”
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.,
Telangana HC | Know the 9 directions that Police Officers have to follow on finding vehicle being driven under influence of alcohol [Detailed Directions]
Telangana High Court: K. Lakshman, J., while addressing a very pertinent issue expressed that, Intention of the Legislature is to reduce the
[MV Act] Jhar HC | If the deceased is a child of tender age, how is the amount of compensation dealt with in motor accidents cases?
Jharkhand High Court: Ananda Sen, J., dismissed and held that the amount which has been awarded by the Tribunal with the interest
Pat HC | Difficult to fathom Corpn. was oblivious of Statutory requirements; HC comes down heavily on Patna Municipal Corpn. for failure to get its vehicles registered under MV Act
Patna High Court: The Division Bench of Sanjay Karol, CJ., and Partha Sarthy, J. slammed Patna Municipal Corporation for operating its vehicles
Madras HC | In motor accident claims, can tribunal deduct certain percentage from compensation because rider had a learner’s license? Court answers
Madras High Court: The Division Bench of Pushpa Sathyanaryana and S. Kannammal, JJ., revised the amount of compensation awarded to the claimant
All HC | Whether the Tribunal is justified in re-deciding the quantum of compensation when it isn’t even disputed? HC answers
Allahabad High Court: The Division Bench of Dr Kaushal Jayendra Thaker and Ajit Singh, JJ., addressed an interesting question as to whether
[MV Act] Ori HC | Does compassionate appointment given to the widow allow deductions in compensation granted? HC decides
Orissa High Court: Biswanath Rath, J. dismissed both appeals being devoid of merits. The facts of the case are such that the
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
All HC | Rule making power of Central and State Government under Motor Vehicles Act – Are the subject matters falling under Ss. 110 and 111 delineated and demarcated or do they overlap? HC explains
Allahabad High Court: The Division bench of Surya Parkash Kesarwani and Dr Yogendra Kumar Srivastava, JJ., expressed that: The legislative intendment with
All HC | Accident claim cases under MV Act whether governed by amended or unamended S. 166? Court determines
Allahabad High Court: Dr Kaushal Jyendra Thaker, J., decided an appeal with regard to the claim petition being filed beyond 6 months and
[MV Act] Kar HC | Strict rules of evidence are not required to be followed in matters relating to MV Act, 1988; Petition allowed
Karnataka High Court: A Division Bench of Alok Aradhe and H.T. Narendra Prasad JJ., allowed the appeal stating that the Tribunal is
Ker HC | Accused forced to plead guilty without being given an opportunity to avail assistance from a legal practitioner; HC sets aside order
Kerala High Court: In an appeal against the order delivered by JMFC, Mallapuram; P. Somarajan, J., allowed the same setting aside the