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...the insurer. We have issued the aforementioned directions having regard to the scope and purport of Section 168 of the Motor Vehicles Act, 1988, in ter...Assurance Co. v. Satpal Singh (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 ....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,...
.... 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 ...“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 record. It cannot be said...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 to as “the Tribunal...
...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 ba...income, loss of enjoyment of life etc., into consideration. No rate of interest is fixed under Section 171 of the Motor Vehicles Act, 1988. Varying rates of int...the Motor Vehicles Act lays down the guidelines for determination of the amount of compensation in terms of...
...Second Schedule to the Motor Vehicles Act and then considering the fact of their being no revision 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-wit...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 ...the Motor Vehicles Act is different from the civil trial. Section 168 of...
...under Section 110-B of the Motor Vehicles Act, 1939 or Section 168 of the Motor Vehicles Act, 1988 the multiplier method is ...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...computing the compensation payable to the claimants on the ground of death of one Mr Amar Kishan Kaul. So far as the other points decided by the High Court are concerned, neither do we fi...
...filed any appeal. As against the award passed by the Tribunal when the claimants have not filed any appeal, the question arises whether the income of the deceased could be increased and c....4. Being aggrieved by the award of the Tribunal, the respondents filed appeal being First Appeal No. 4021 of 1998 under Section 171 of the ...not be necessary for it to initiate any separate proceedings for recovery of the amount as provided for under the Motor Vehicles Act.14. It is we...
...departure from the multiplier method on the ground that Section 110-B of the Motor Vehicles Act, 1939 (corresponding to the present provision of ...any of the disabilities enumerated in Section 2(i) of the Disabilities Act are the result of injuries sustained in a motor accident, they can be permanent disabilities f...5,35,2272. Not satisfied with the quantum of compensation, the appellant approached the High Court by way of appeal under Section 173 of ...
...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 ...vehicle would also cover gratuitous passengers, in view of the legislative amendment in 1994 to Section 147 of the Motor Vehicles Act, 1988.3. ...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 provi...
...to pay compensation, the Tribunal has no jurisdiction under Section 168 of the Motor Vehicles ...is empowered to issue a direction under Section 168 of the Motor Vehicles Act to pay compensation to ...a gratuitous passenger under Section 168 of the Motor Vehicles Act in the judgments relied on b...
...Kurian, J.— Leave granted. Compensation which appears to it to be just, has to be assessed and awarded by the Claims Tribunal set up under Section 168 of the Motor ...what is claimed in the application under Section 166 of the Motor Vehicles Act, 1988, is another issue arising for consideration in this case. At para 10 of Nagappa case (...(for short “the Act”), on an application under Section 166 of the Act.2. In Nagappa v. Gurudayal...
...the appellants submit that the Claims Tribunal has not conducted any inquiry under Section 168 of the Motor ...terms of the judgment of this Court in the case of Mayur Arora v. Amit, 2011 (1) TAC 878 to find out the truth....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 ...
...be added towards future prospects.5. Section 168 of the Motor Vehicles Act, 1988 (for short ‘the Act’) mandates that “just compensation” shoul...certain to be received, while the amount under the Motor Vehicles Act is uncertain and is receivable only on the happening of the event, viz., accident, which may not take place .... How could such an amount come within the periphery of the Motor Vehicles Act to be termed as “pecuniary advantage” liable for deduction. When we seek the principle of loss and ...
...S.B Sinha, J.— Leave granted.2. Connotation of the term “income” for the purpose of determination of “just compensation” envisaged under Section ...on monetary terms.10. Section 168 of the Act uses the word “just compensation” which, in our opinion, should be assigned a broad meaning. We cannot, in determining ...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 ...is empowered to issue a direction under Section 168 of the Motor Vehicles Act to pay compensation to ...a gratuitous passenger under Section 168 of the Motor Vehicles Act in the judgments relied on b...
...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 ...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 recor...
...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 ...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 ins...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...
...Section 168 of the Motor Vehicles Act, 1988, in view of no such power being vested in ...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 ...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 purp...section 168 of the Motor Vehicles Act and held that the interest of justice will be ser...
...Motor Vehicles Act. In those days Compensation used to be assessed by the Tribunal as per the ...Motor Vehicles Act. section 168 of the Motor Vehicles Act recognises payment of “Just Compensation” to the...considered all those decisions of the Hon'ble Supreme Court as well as of different High Courts very carefully. We have seen that those are the cases under ...