...between the insurer and the owner was the subject-matter of determination before the Tribunal and the issue is decided against the owner and in favour of the insurer. We have issued the aforementioned directions having regard to the scope and purport of Section 168 of the Motor Vehicles Act, 1988...(2000) 1 SCC 237 was applicable. It has to be noted that the accident took place on 15-9-1990 and the claim petition was filed under the Motor Vehicles Act, 1988 (in short....3. The Motor Accidents Claims Tribunal and Subordinate Court, Tirupur (hereinafter referred to as “the Tribunal”) had held that the liability was of the insured alone, and the insurer had...

...same as mentioned supra. There is no restriction that the Court cannot award compensation exceeding the claimed amount, since the function of the Tribunal or court under Section 168 of the Motor Vehicles Act, 1988...is to award “just compensation”. The Motor Vehicles Act is a beneficial and welfare legislation. A “just compensation” is one which is reasonable on the basis of evidence produced on...(aged about 3 years and 9 months respectively) and aged father (about 90 years of age) of the deceased, moved a claim petition before the Motor Accidents Claims Tribunal, Vatakara (hereinafter referred...

..., be paid at the rate of 9% per annum.10. The structured-formula base has been set out in the Second Schedule to the Motor Vehicles Act.11. It is now a well-settled principle of law that the payment of compensation on the basis of structured formula as provided for under the Second Schedule should not ordinarily be deviated from. Section 168 of...Motor Vehicles Act lays down the guidelines for determination of the amount of compensation in terms of Section 166 thereof. Deviation from the structured formula, however, as has been held...under Section 171 of the Motor Vehicles Act, 1988. Varying rates of interest are being awarded by Tribunals, High Courts and the Supreme Court. Interest can be granted even if a claimant does...

...Second Schedule to the Motor Vehicles Act and then considering the fact of their being no revision of the Second Schedule which came into effect in the year 1994, the Tribunal has assessed the income of the deceased at Rs. 22,500 p.a It is a settled legal position that under section 168 of...Motor Vehicles Act, the compensation to be awarded in favour of the claimants should neither be excessive nor on the lower side, but the same...Kailash Gambhir, J.:— On the last date, Mr. P.K Seth, Advocate, appeared for the respondent No. 2, insurance company. A complete set of paper book was supplied to Mr. P.K Seth, Advocate...

...working as teacher with NDMC earning Rs.4,385/- per month at the time of the accident. 4. The learned Tribunal dismissed the claim petition on the ground that the eye-witness who appeared in the witness box as PW-1 did not give the number of the offending vehicle. 5. Section 168 of the Motor Vehicles Act provides...the Motor Vehicles Act provides that the learned Tribunal shall follow such summary procedure as it deem fit to conduct such an inquiry. The inquiry stipulated in Section 168 of...the Motor Vehicles Act is different from the civil trial. Section 168 of...

...Lata Trivedi v. State of M.P (1992) 1 ACC 686 (MP) the Tribunal applied the multiplier of 15.4. The High Court held, in the just compensation under Section 110-B of the Motor Vehicles Act, 1939 or Section 168 of...the Motor Vehicles Act, 1988 the multiplier method is logically sound and well settled and other method should be applied only in exceptional cases...and was the husband of Appellant 1 and father of Appellants 2 and 3, who died in a road accident while on government duty, travelling in an official government vehicle. The Motor Accidents Claims...

...arises whether the income of the deceased could be increased and compensation could be enhanced. In terms of Section 168 of the Motor Vehicles Act, the courts/the Tribunals are to pass...respondents filed appeal being First Appeal No. 4021 of 1998 under Section 171 of the Motor Vehicles Act, 1988 before the High Court of Gujarat at Ahmedabad. Vide impugned judgment dated 16-1...initiate any separate proceedings for recovery of the amount as provided for under the Motor Vehicles Act.14. It is well settled that in a situation of this...

...ABDUL SHAHID, J. 1. Heard learned counsel for the appellant. 2.The present appeal has been filed for enhancement of the award dated 28.01.2026 passed by Motor Accident Claims Tribunal, in Claim Petition No. 354 of 2022 (Santosh Kumar Versus Naresh Kumar and others). 3. As per Section 168 of the Motor Vehicles Act, the...accordance with Section 168 of the Motor Vehicles Act and the law settled by the Hon'ble Supreme Court.. 6. In view thereof, the present appeal is...has to be based on just compensation; however, no amount can truly compensate for the loss of life or human organs. The Motor Accident...

...manner:“13. It was rightly clarified that there should be no departure from the multiplier method on the ground that Section 110-B of the Motor Vehicles Act, 1939 (corresponding to the present provision of Section 168 of...under Section 173 of the Motor Vehicles Act, 1988 (for short “the Act”). The High Court has, vide impugned judgment, enhanced the compensation to Rs 6,35,000. The High Court has not awarded MAC...the Motor Vehicles Act, 1988) envisaged payment of “just” compensation since the multiplier method is the accepted method for determining and...

...Tribunal and the issue is decided against the owner and in favour of the insurer. We have issued the aforementioned directions having regard to the scope and purport of Section 168 of the Motor Vehicles Act, 1988...vehicle would also cover gratuitous passengers, in view of the legislative amendment in 1994 to Section 147 of the Motor Vehicles Act, 1988.3. The first respondent...words “any person” as used in Section 147 of the Motor Vehicles Act, 1988, would not include passengers in the goods vehicle, but would rather be confined to the legislative intent to provide...

...to pay compensation, the Tribunal has no jurisdiction under Section 168 of the Motor Vehicles Act to issue a...is empowered to issue a direction under Section 168 of the Motor Vehicles Act to pay compensation to the claimant, as...a gratuitous passenger under Section 168 of the Motor Vehicles Act in the judgments relied on by the learned Counsel...

...the appellants submit that the Claims Tribunal has not conducted any inquiry under Section 168 of the Motor Vehicles Act in...terms of the judgment of this Court in the case of Mayur Arora v. Amit, 2011 (1) TAC 878 to find out the truth.5. In the case of Mayur Arora (supra), this Court held as under:-“10.1 The inquiry contemplated under Section 168 of the Motor Vehicles Act, 1988...168 of the Motor Vehicles Act arises out of a complaint filed by a victim of the road accident or an AIR filed by the police under Section 158(6) of the Motor Vehicles Act...

...(2017) 16 SCC 680, 15% should be added towards future prospects.5. Section 168 of the Motor Vehicles Act, 1988...are entitled to receive this amount irrespective of the accidental death. This amount is secured, is certain to be received, while the amount under the Motor Vehicles Act is uncertain and is...these have no corelation with the amount receivable under a statute occasioned only on account of accidental death. How could such an amount come within the periphery of the Motor Vehicles Act to...

...S.B Sinha, J.— Leave granted.2. Connotation of the term “income” for the purpose of determination of “just compensation” envisaged under Section 168 of the Motor Vehicles Act, 1988.... Section 168 of the Act uses the word “just compensation” which, in our opinion, should be assigned a broad meaning. We cannot, in determining the issue involved in the matter, lose sight of the...and they are savings. The Supreme Court as well as various High Courts have held that the compensation payable under the Motor Vehicles Act is statutory and that the deferred payments made to...

...to pay compensation, the Tribunal has no jurisdiction under Section 168 of the Motor Vehicles Act to issue a...is empowered to issue a direction under Section 168 of the Motor Vehicles Act to pay compensation to the claimant, as...a gratuitous passenger under Section 168 of the Motor Vehicles Act in the judgments relied on by the learned Counsel...

...G. P. MITTAL, J. (ORAL) 1. Issue Notice. 2. Ms. Suman Bagga, learned counsel, accepts notice on behalf of the Respondent/Insurance Company. 3. A claim petition under Section 168 of the Motor Vehicles Act was...suffered injuries in a motor vehicle accident which occurred on 20.12.2008. 4. During his evidence, the petitioner examined one Ms. Lakshita (PW-2) from M/s. Endolite India Private Limited...(M/s. Endolite) to prove the cost of the prosthesis required by the petitioner, as it was a case of amputation of one of his legs. PW-2 (Lakshita) was unable to produce the record pertaining to the...

...and then recover the same from the owner of the vehicle.” The specific observations of the learned Single Judge may be reproduced:“The question whether the Insurance Company is liable to satisfy the award in view of section 168 of the Motor Vehicles Act was...dispute between the insurer and the owner was the subject matter of determination before the Tribunal and the issue is decided against the owner and in favour of the insurer. We have issued the aforementioned directions having regard to the scope and purport of section 168 of Motor Vehicles Act, 1988...between the insurer on the one hand and the owner or driver of the vehicle involved in the accident inasmuch as can be resolved by the Tribunal in such a proceeding”.26. It is conspicuous that the directions were given in respect of the procedure for recovery in the same proceedings having regard to the scope and purport of section 168 of the Motor Vehicles Act, 1988...

...Section 168 of the Motor Vehicles Act, 1988, in view of no such power being vested in the said court. This revisional...1C/l. Bpg. 02.07. 2018 In the High Court at Calcutta Civil Revisional Jurisdiction Appellate Side C.O. No.1874 of 2018...as to whether the Additional District Judge (Redesignated Court) at Paschim Medinipore was within its jurisdiction in allowing a prayer for substantive review of an award under...

...satisfy the Award in view of section 168 of the Motor Vehicles Act.7. In this context, the Apex Court in...determination before the tribunal and the issue is decided against the owner and in favour of the insurer. We have issued the aforementioned directions having regard to the scope and purport of section 168 of the Motor Vehicles Act, 1988...section 168 of the Motor Vehicles Act and held that the interest of justice will be served if the Insurance Company is directed to satisfy the Award and then recover the same from the owner of the...