Tag Archives: accident

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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‘Intermeddler’ can be considered legal representative under MACT Act: SC

Interpreting the term ‘legal representative’ broadly, a Large Bench of Supreme Court of India ruled that even an “intermeddler” can be considered as a legal representative of the deceased under Motor Vehicle Accident Claims Act (“MACT”). Relying on a full … Continue reading

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Just & Fair compensation to be paid to child in case of motor accident: SC

The Supreme Court of India ruled that in case of a child meeting with a motor accident the following appropriate compensation should be considered as ‘just and fair’; if the disability caused is above 10% and upto 30% to the … Continue reading

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Compensation to injured employee not be limited to amount admissible under Workmen’s Compensation Act: SC

The Supreme Court of India clarified that when the labourer/employee is injured during the course of employment due to negligence of the driver of the vehicle which caused the accident, the compensation could not be limited to the amount admissible … Continue reading

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Compensation is payable under loss of earning/earning capacity as well as permanent disability in an accident case: SC

The Supreme Court of India clarified that compensation in a motor vehicle accident case is payable to a claimant under both heads, viz. loss of earning/earning capacity as well as permanent disability and the same should be liberally quantified. The … Continue reading

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Insurance Cos still liable in cases of non-endorsement of commercial vehicle in driving license: SC

The Supreme Court of India ruled that an insurance company cannot disown its liability on the ground that the driver of the vehicle (although duly licensed to drive light motor vehicle) did not endorse in the license to drive light … Continue reading

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Employer becomes liable to pay as soon as personal injury is caused to workmen: SC

The Supreme Court of India clarified that an employer becomes liable to pay compensation under the Workmen’s Compensation Act, 1923 as soon as the personal injury is caused to the workmen by the accident which arose out of and in … Continue reading

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Insurer to indemnify third parties even if cheque for premium is dishonoured: SC

The Supreme Court of India clarified that where insurance policy is issued by an authorized insurer on receipt of cheque towards payment of premium and such cheque is returned dishonoured, the liability of authorized insurer to indemnify third parties in … Continue reading

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