Motor Vehicles Act Archives | Page 2 of 3

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

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

Case Briefs High Courts

[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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

[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

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 High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

[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

Case Briefs High Courts

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

Case Briefs High Courts

Bom HC diverges from Madras & Karnataka HC’s view on whether MACT has jurisdiction over personal accident claims or not: Read the proposition

Bombay High Court: S.M. Modak, J., examined the jurisdiction of the Motor Accident Claims Tribunal in regard to claim made by the insured/owner

Case Briefs High Courts

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,

Case Briefs High Courts

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

Case Briefs Supreme Court

State Governments are entitled to prescribe fee for assignment of “distinctive” registration numbers to motor vehicles

Supreme Court: In the case where Rule 55A of the M.P. Motor Vehicles Rules, 1994 were challenged for being ultra vires the

Case Briefs Supreme Court

Treating ‘loss of love and affection’ as a separate head not justified when compensation for ‘loss of consortium’ already awarded

Supreme Court: Taking note of the fact that several Tribunals and High Courts have been awarding compensation for both loss of consortium

Case Briefs High Courts

HP HC | If income of victim is more than Rs 40,000, petition under S. 163-A of MV Act cannot be dismissed as it mandates compensation ‘on structured formula basis’ and not as interim measure

Himachal Pradesh High Court: Sandeep Sharma, J., allowed an appeal which questioned the legality of the Order passed by the Motor Accident

Case Briefs High Courts

Utt HC | Compensation increased considering raise in annual notional income of a non-earning member pursuant to 1994 amendment in MV Act

Uttaranchal High Court: Sudhanshu Dhulia, J., allowed the appeal filed by the appellants against the award passed by the Motor Accident Claims

Case Briefs High Courts

Kar HC | Compensation under MV Act enhanced considering relevant factors in line with cases decided by SC

Karnataka High Court: K. Somashekar, J. modified the order of the Motor Accidents Claims Tribunal (MACT) by enhancing the compensation awarded to