Showing : 31-40 of 647 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Motor Vehicles Act, 1988, Section 149-- Accident - Compensation - Claim petition - Insurer need not be impleaded as a party - A statutory notice is to be issued to the insurer - When insurer is made a party its rights are significantly different - If the insurer is only a noticee, it can only raise such of those grounds as are..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Motor Vehicles Act, 1988, Section 173-- Appeal by insurer on behalf of owner - Question left open - Matter referred to larger Bench...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Motor Vehicles Act, 1988, Section 149-- Accident - Compensation - Claim petition - Insurer need not be impleaded as a party - It should only be issued a statutory notice u/s 149(2) of the Act - Insurer can resist the claim on any of the grounds mentioned in S.149 clauses (a) and (b) of sub-section (2) of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Motor Vehicles Act, 1988, Section 163A, 166-- Accident - Compensation - Claim petition - Neither a suit nor an adversarial lis - Principles governing a claim petition - (1) A proceeding for award of compensation in regard to a motor accident can be initiated either on an application for compensation made by the persons aggrieved or suo moto..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Motor Vehicles Act, 1988, Section 166-- Accident - Compensation - Disability certificate - Doctor assessed 75% disability - High Court took it as 50% without any rhyme or reason - Held, Court has discretion to accept either totally or partially or reject the certificate so produced but it can be done only by assigning cogent and..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Motor Vehicles Act, 1988, Section 166-- Accident - Compensation - Guess work - While making assessment, there is an element of guess work but that guess work must have reasonable nexus to the available material/evidence and the qualification made...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Motor Vehicles Act, 1988, Section 166, 168-- Women having 30 weeks old pregnancy suffered blow on her stomach in motor accident, resulting in death of unborn child - Tribunal awarded consolidated sum of Rs.50, 000/- towards loss of child and Rs.10, 000/- towards pain and suffering - In appeal, High Court enhanced compensation by awarding..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Motor Vehicles Act, 1988, Section 166-- Deceased 28 years of age at the time of accident - Compensation payable is required to be determined by applying the multiplier of 17...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Motor Vehicles Act, 1988, Section 166, 149, 146-- Insured Vehicle given by owner to Transport Corporation on contract basis to ply the same - Control of the vehicle with Corporation - Driver of vehicle caused fatal motor accident - Held, Insurance co. is liable to pay compensation to claimants of deceased - No liability can be fastened on driver..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Motor Vehicles Act, 1988, Section 166-- Accident - Age of deceased 56 years at the time of accident - Multiplier of 8 to be used while calculating the amount of compensation - Held, High Court not justified to increase the multiplier of 8 to 11 as held by Tribunal...........

Showing : 31-40 of 647 Results