Distinction between a ‘total disablement’ and ‘total permanent disablement

KEYWORD:- Motor Accident Claim-compensation There exists a distinction between a ‘total disablement’ and ‘total permanent disablement’ as contained in Schedule I, Part I of the 1923 Act. Sufferance of fracture by itself resulting in shortening of leg to some extent does not come within the purview of the ‘permanent total disablement’ even under the 1923 Act. It is in that view of the matter, the … Continue reading Distinction between a ‘total disablement’ and ‘total permanent disablement

Reliance General Insurance Company Ltd. Vs. Shalu Sharma and Ors[SC 2018 February]

KEYWORDS:- Motor Accident Claims-execution proceedings-FUTURE PROSPECT- DATE:- February 02, 2018- The deceased was self-employed. In such a case, future prospects cannot be denied. ACTS:- MOTOR VEHICLES ACT SUPREME COURT OF INDIA Reliance General Insurance Company Ltd. Vs. Shalu Sharma and Ors [Civil Appeal No 000767 of 2018 arising out of SLP (C) No. 23086 of 2016] Dr. D.Y. CHANDRACHUD, J 1. The present appeal arises from the … Continue reading Reliance General Insurance Company Ltd. Vs. Shalu Sharma and Ors[SC 2018 February]

Anil & Ors Vs. New India Assurance Company Ltd. & Ors [SC 2018 January]

KEYWORDS:–Fake Insurance Claim upheld- DATE:-January 19, 2018 Each of the circumstances relied upon by the High Court is germane to the ultimate conclusion that a false case was set up to support a claim for compensation. The fact that a complaint was not lodged for nearly one month is a significant omission in the case. The High Court has also noticed that there were no … Continue reading Anil & Ors Vs. New India Assurance Company Ltd. & Ors [SC 2018 January]

Shri Nagar Mal and Ors Vs. The Oriental Insurance Company Ltd. and Ors [SC 2018 January]

Keywords:-Motor Accident Claims-Professional-correct multiplier- DATE:- January 19, 2018- An addition of 40 per cent towards future prospects would also be warranted in terms of the judgment of the Constitution Bench. On this basis and since the deceased was a bachelor, the loss of dependency would work out to Rs 8,56,800/-. The appellants would be entitled to an amount of Rs 15,000/- towards loss of estate and … Continue reading Shri Nagar Mal and Ors Vs. The Oriental Insurance Company Ltd. and Ors [SC 2018 January]

Ramrao Lala Borse and ANR Vs. New India Assurance Company Ltd. and ANR [SC 2018 January]MCA

KEYWORDS:-Motor Accident Claim-multiplier – Calculation of compensation- DATE :-January 19, 2018- Correct multiplier to be applied in the present case would be having regard to the age of the deceased. As regards future prospects, an addition of 50 per cent would be warranted. On the above basis and making a deduction of 50 per cent towards personal expenses (the deceased being a bachelor), the total … Continue reading Ramrao Lala Borse and ANR Vs. New India Assurance Company Ltd. and ANR [SC 2018 January]MCA

Motor Accident Claims Tribunal and Compensation in Motor Accident

Scheme of the MV Act: Chapter 10 provides for an interim award. Chapter 11 provides for insurance of motor vehicle against third party risk and Chapter 12 provides for the constitution of Claims Tribunal and adjudication. Claim Petition to Tribunal u/s 166 of MV Act as per section 163A The Proceeding: Defence by Insurence u/s Section 149(2) The award u/s 168 Execution of Award- u/s 174 … Continue reading Motor Accident Claims Tribunal and Compensation in Motor Accident

National Insurance Co. Ltd. Vs Swaran Singh and others [SC 2004 January]

KEYWORDS:- MOTOR VEHICLE CLAIM- DATE:-05-01-2004- If a vehicle at the time of accident was driven by a person having a learner’s licence, the insurance companies would be liable to satisfy the decree. AIR 2004 SC 1531 : (2004) 1 SCR 180 : (2004) 3 SCC 297 : JT 2004 (1) SC 109 : (2004) 1 SCALE 180 (SUPREME COURT OF INDIA) National Insurance Co. Ltd. … Continue reading National Insurance Co. Ltd. Vs Swaran Singh and others [SC 2004 January]

Ankur Kapoor Vs. Oriental Insurance Company Ltd.[SC 2017]

Date: November 06, 2017 • Keywords:-Motor Accident claim-The Motor Accident Claims Tribunal-composite negligence -liability to pay . The appellant sustained a grievous injury to his right arm which resulted in permanent disability to the extent of 50% to his right arm. The Tribunal as well as the High Court have not quantified the compensation under separate heads, which in our considered opinion has resulted in grant of … Continue reading Ankur Kapoor Vs. Oriental Insurance Company Ltd.[SC 2017]