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Motor Vehicles Act

Case BriefsHigh 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,

Published on September 17, 2020September 25, 2020By Bhumika Indulia
Leave a comment6132 views
Case BriefsHigh 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

Published on September 8, 2020September 18, 2020By Bhumika Indulia
Leave a comment4842 views
Case BriefsSupreme 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

Published on August 26, 2020September 4, 2020By Prachi Bhardwaj
Leave a comment3138 views
Case BriefsSupreme 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

Published on June 30, 2020July 3, 2020By Prachi Bhardwaj
Leave a comment8693 views
Case BriefsHigh 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

Published on November 6, 2019November 8, 2019By Bhumika Indulia
Leave a comment6431 views
Case BriefsHigh 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

Published on August 1, 2019August 23, 2019By Bhumika Indulia
Leave a comment3962 views
Case BriefsHigh 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

Published on July 31, 2019August 23, 2019By Bhumika Indulia
Leave a comment2821 views
Case BriefsHigh Courts

Ker HC | Claim filed under MV Act withdrawn after interim award – subsequent proceedings under Workmen’s Compensation Act not barred

Kerala High Court: The Division Bench of K. Harilal and Annie John, JJ. dismissed an appeal filed by an insurance company against

Published on March 2, 2019March 4, 2019By Bhumika Indulia
1 Comment4280 views
Case BriefsHigh Courts

Rash and Negligent driving case not proved as complainant fails to identify driver

Delhi High Court: A Single Judge Bench comprising of Mukta Gupta, J. dismissed a criminal leave petition filed against the judgment of the

Published on December 18, 2018December 19, 2018By Bhumika Indulia
Leave a comment8478 views
Case BriefsHigh Courts

Compensation awarded under Motor Vehicles Act, 1988 enhanced with inclusion of compensation under head of ‘future prospects’

Madhya Pradesh High Court: This appeal was filed before a Single Judge Bench of Rohit Arya, J., under Section 173 of the

Published on November 21, 2018November 28, 2018By Bhumika Indulia
Leave a comment4773 views
Case BriefsSupreme Court

Party cannot be denied its right if Court doesn’t exhibit evidence despite reference; claimants awarded compensation under MV Act: SC

“Motor Vehicles Act is a beneficial piece of legislation enacted to give solace to the victims of the motor accident who suffer

Published on November 17, 2018November 19, 2018By Bhumika Indulia
Leave a comment6450 views
Case BriefsHigh Courts

Motor Vehicles Act a code in itself; Section 24 CPC not applicable for transfer of matter thereunder: All HC

Allahabad High Court: A transfer application was filed under Section 24 of Code of Civil Procedure before a Single Judge Bench of

Published on November 14, 2018November 19, 2018By Bhumika Indulia
1 Comment6898 views
Case BriefsSupreme Court

Court duty-bound to provide ‘just compensation’ under MV Act irrespective of plea; compensation for ‘loss of consortium’ awarded under Article 142: SC  

Supreme Court: The Bench comprising of Rohinton Fali Nariman and Indu Malhotra, JJ. disposed of an appeal filed challenging the compensation awarded

Published on September 19, 2018September 20, 2018By Bhumika Indulia
1 Comment3785 views
Case BriefsSupreme Court

LRs of deceased cannot maintain claim under Section 166 MV Act if accident occurred on deceased’s own fault or rash and negligent driving: SC

Supreme Court: The Bench of N.V. Ramana and S. Abdul Nazeer, JJ. allowed an appeal filed by the appellant (insurer) against the

Published on September 1, 2018September 4, 2018By Bhumika Indulia
Leave a comment9998 views
Case BriefsSupreme Court

Insurer not entitled to raise defence of negligence by victim in a proceeding under Section 163A of Motor Vehicles Act: SC

Supreme Court: Dr D.Y. Chandrachud, J. delivered the judgment for CJ Deepak Misra and A.M. Khanwilkar, J. and himself whereby an appeal

Published on August 10, 2018August 17, 2018By Bhumika Indulia
2 Comments8812 views
Hot Off The PressNews

Delhi HC: Dignitaries including President, Vice-President, Lt. Governor to have number plates on their cars in compliance with MV Act, 1988

Delhi High Court: The Division Bench comprising of ACJ Gita Mittal and C Hari Shankar J., decided in a petition filed by

Published on July 19, 2018By Bhumika Indulia
Leave a comment2679 views
Hot Off The PressNews

Speed limit notified for on roads vehicles in India

S.O. 1522(E).— In exercise of the powers conferred by the proviso to sub-section (1) of Section 112 of the Motor Vehicles Act,

Published on April 17, 2018By Saba
Leave a comment5147 views
Case BriefsHigh Courts

Insurance company to pay, even if the accident occurs abroad

Punjab & Haryana High Court: In its recent order, the Court ruled that the insurance company is bound to pay compensation for

Published on December 4, 2017By Saba
Leave a comment4646 views
Case BriefsHigh Courts

Transporter being an agent of the owner of property cannot claim compensation under S. 166, MV Act for damage to property

Karnataka High Court: While delivering the judgment in a miscellaneous first appeal filed under Section 173(1) of the Motor Vehicles Act, 1988,

Published on August 30, 2017By Saba
Leave a comment3227 views
Case BriefsHigh Courts

An appeal is a statutory remedy available to an ‘aggrieved person’ as a matter of right, it cannot be curtailed by narrow interpretation

Karnataka High Court: While passing the order in a writ petition filed under Articles 226 and 227 of the Constitution praying to

Published on July 31, 2017August 18, 2017By Saba
Leave a comment7530 views

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