Showing : 1-10 of 81 Results

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, 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 168(1), 166-- Accident - Permanent disability - Affecting earning capacity - Compensation on account of permanent disability has also to be awarded in addition to award of compensation determined on various aspects including permanent injury/disability...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Motor Vehicles Act, 1988, Section 168(1), 166-- Accident - Permanent disability - Affecting earning capacity - Partial loss of eye sight and amputation of one finger of right hand - Complainant was working as Foreman at the relevant time and suffered loss of income - Complainant is entitled to compensation on account of permanent disability in..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Motor Vehicles Act, 1988, Section 168, 176(6), Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 3, 137, Motor Vehicle Rules, 1989, Rule 10, 19-- Accident - Claim petition - Procedure to be adopted in recording evidence - Held, not mandatory to adopt procedures provided in Civil Procedure Code - Tribunal can adopt summary procedure and dispense with recording statement verbatim in language of witness - Provisions contained in Rule 10.19 of..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Motor Vehicles Act, 1988, Section 166, 168-- Motor Accident - Proof of - Claim petition filed after four months of accident - Held, claim petition cannot be rejected on this ground - In road accident claim, the strict principles of proof in a criminal case are not attracted - Claimants are merely to establish their case on the touchstone of..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Motor Vehicles Act, 1988, Section 168-- Accident claim petition - Issue of maintainability of petition - Cannot be decided as preliminary issue - Tribunal is required to decide all issues one way or the other in one go while deciding the claim petition...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Motor Vehicles Act, 1988, Section 168, 173-- Motor Vehicle Accident - Compensation - Death of retired teacher aged 65 - Earning Rs.3, 000/- p.m. i.e. Rs.975/- as pension and remaining by doing private profession of astrology - Nothing to disbelieve the sworn testimony of claimants on this issue though oral in nature - 1/3rd deduction made -..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Motor Vehicles Act, 1988, Section 168, 173-- Liability of Insurance Company - As against third party is unlimited...........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Motor Vehicles Act, 1988, Section 166, 168, 173, Civil Procedure Code, 1908, Order 1, Rule 10-- Motor Vehicle accident - Claim petition - Dismissal on ground that true owner of offending vehicle is not impleaded, without recording any finding as to ownership of vehicle - Held, not sustainable - When Tribunal can implead any person who ought to have been impleaded and whose presence is found..........

Showing : 1-10 of 81 Results