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… Read More 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.… Read More 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.… Read More 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… Read More 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… Read More 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… Read More Motor Accident Claims Tribunal and Compensation in Motor Accident

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,… Read More Ankur Kapoor Vs. Oriental Insurance Company Ltd.[SC 2017]