Mangla Ram Vs. The Oriental Insurance Company Ltd. & Ors.[ALL SC 2018 APRIL]

KEYWORDS:-  Motor Accident Claim -Distinction between no-fault liability strict liability- DATE:- April 06, 2018 ACT:-  Section 166 of Motor Vehicles Act Mangla Ram Vs. The Oriental Insurance Company Ltd. & Ors. [Civil Appeal Nos.24992500 of 2018 arising out of SLP (Civil) Nos.2814142 of 2017] A.M. Khanwilkar, J. 1. In the present appeals, the appellant/claimant has challenged the judgment dated 5th January, 2017 passed by the High … Continue reading Mangla Ram Vs. The Oriental Insurance Company Ltd. & Ors.[ALL SC 2018 APRIL]

Bhartiben Nayabha Ker and Ors Vs. Sidabha Pethabha Manke and Ors[ALL SC 2018 APRIL]

KEYWORDS:- CALCULATION OF COMPENSATION -RATE OF  INTEREST – DATE:- SUPREME COURT OF INDIA Bhartiben Nayabha Ker and Ors Vs. Sidabha Pethabha Manke and Ors [Civil Appeal No 2697 of 2018 arising out of SLP(C) No 2927 of 2017] Dr D Y CHANDRACHUD, J 1. The present appeal arises from a judgment of a learned Single Judge dated 15 March 2016, in a first appeal from … Continue reading Bhartiben Nayabha Ker and Ors Vs. Sidabha Pethabha Manke and Ors[ALL SC 2018 APRIL]

Singh Ram Vs. Nirmala and Ors.[ALL SC 2018 MARCH]

KEYWORDS:- MOTOR ACCIDENT CLAIM-insured did not hold a valid driving licence at the time of the accident-LIABILITY OF THE OWNER OF MOTOR CYCLE- DATE:- March 06, 2018 The owner did not depose in evidence and stayed away from the witness box. He produced a licence which was found to be fake. Another licence which he sought to produce had already expired before the accident and was … Continue reading Singh Ram Vs. Nirmala and Ors.[ALL SC 2018 MARCH]

ICICI Lombard General Insurance Company Ltd. Vs. Ajay Kumar Mohanty & ANR.[ALL SC 2018 MARCH]

KEYWORDS:-disability sustained by the claimant- basis to award compensation- DATE:- March 06, 2018 In arriving at the quantification of compensation, we must be guided by the well-settled principle that compensation can be granted both on account of permanent disability as well as loss of future earnings, because one head relates to the impairment of the person’s capacity and the other to the sphere of pain and suffering … Continue reading ICICI Lombard General Insurance Company Ltd. Vs. Ajay Kumar Mohanty & ANR.[ALL SC 2018 MARCH]

S. Thangaraj Vs. National Insurance Company Ltd. represented by the Branch Manager[ ALL SC 2018 MARCH]

KEYWORDS:- MOTOR ACCIDENT CLAIM-DISABILITY- 9% INTEREST ALLOWED- “the injuries sustained by the appellant are indeed of a serious nature. As a result of the multiple fractures sustained by him, the appellant has lost complete sensation below the abdomen. Evidently he cannot work any more as load man. In these circumstances, the assessment of disability at 70 per cent is incorrect. On a realistic view of … Continue reading S. Thangaraj Vs. National Insurance Company Ltd. represented by the Branch Manager[ ALL SC 2018 MARCH]

Jagdish Kumar Sood Vs. United India Insurance Company Ltd. and Ors[ALL SC 2018 MARCH]

KEYWORDS:-Motor Accident Claims-LIABILITY OF LIGHT WAIGHT VEHICLE- DATE:-March 06, 2018- The liability shall jointly and severally be fastened on the insurer, in addition to the owner and driver ACTS:- Section 2(21) of the MV Act SUPREME COURT OF INDIA Jagdish Kumar Sood Vs. United India Insurance Company Ltd. and Ors. [Civil Appeal No 240 of 2017] Dr D Y CHANDRACHUD, J 1. The Motor Accident Claims … Continue reading Jagdish Kumar Sood Vs. United India Insurance Company Ltd. and Ors[ALL SC 2018 MARCH]

Jagdish Vs. Mohan & Ors [ALL SC 2018 March]

KEYWORDS:-Motor accident Claim-future treatment- DATE:- March 6, 2018 Benefit of future prospects should not be confined only to those who have a permanent job and would extend to self-employed individuals. The appellant should be allowed an amount of Rs. 3 lakhs towards future medical expenses. The appellant is thus awarded a total sum of Rs. 25,38,308/-by way of compensation. The appellant would be entitled to interest … Continue reading Jagdish Vs. Mohan & Ors [ALL SC 2018 March]

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]