Category Archives: Insurance Law

Compensation received from Govt for a deceased employee should be deducted from total compensation: SC

The Supreme Court of India clarified that the compensation received from the Government by the dependents of a deceased employee in a motor vehicle accident should be deducted from the total compensation payable to such dependents by the tortfeasor or … Continue reading

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Claimant can recover entire compensation from one joint tort feasor: SC

In an important ruling, the Supreme Court of India held that a claimant is entitled to recover entire compensation from one of the joint tort feasors, particularly in an accident where injuries have been caused by combined wrongful act of … Continue reading

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Legislators urged to relook Sec 304A IPC punishment: SC

Concerned over nonchalant attitude of the drivers, the Supreme Court of India urged legislators to consider enhancing the sentence for causing death due to rash and negligent driving. “The lawmakers should scrutinize, re-look and re-visit the sentencing policy in Section … Continue reading

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Registered owner not liable: SC

The Supreme Court of India has clarified that the registered owner of a vehicle should not be held liable for a claim if the vehicle is not in his possession and control. In this case, the Large Bench of the … Continue reading

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Voluntary contributions should be included in the salary: SC

A Large Bench of the Supreme Court of India clarified that for the purpose of deciding net monthly income of the deceased (in a motor vehicle accident), the amount of voluntary contributions made should be included in the salary. Referring … Continue reading

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Government ‘owner’ of vehicle under requisition: SC

A Large Bench of the Supreme Court of India clarified that a vehicle under requisition by the State Government under Motor Vehicles Act (“Act”) from the owner makes it (government) a ‘owner’ of such vehicle till it parts with the … Continue reading

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Principle of Composite Negligence be followed in a third party claim: SC

A Large Bench of the Supreme Court of India clarified that where the claimant is a third party (other than the driver/owner of the vehicles involved in the accident) the correct principle for determination of the liability is that of … Continue reading

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