Consortium- SC explained the meaning and held Motor Vehicles Act is a beneficial welfare legislation

September 18, 2018: While granting  Compensation in Motor vehicle accident case of death  Supreme Court Held: The Motor Vehicles Act is a beneficial legislation aimed at providing relief to the victims or their families, in cases of genuine claims. 
In legal parlance, “consortium” is a compendious term which encompasses ‘spousal consortium’, ‘parental consortium’, and ‘filial consortium’.
The right to consortium would include the company, care, help, comfort, guidance, solace and affection of the deceased, which is a loss to his family. With respect to a spouse, it would include sexual relations with the deceased spouse.… Read More Consortium- SC explained the meaning and held Motor Vehicles Act is a beneficial welfare legislation

Shivaraj Vs. Rajendra & ANR [ALL SC 2018 SEPTEMBER]

September 05, 2018: MOTOR INSURANCE-Permanent disability should be reckoned as 67% to the whole body. However, after going through the evidence of the doctor who had treated the appellant and the medical records, we find that the assessment made by the tribunal about the extent of permanent disability at 60% to the whole body seems to be a possible view. We are not inclined to disturb the said finding and also because it has been justly affirmed by the High Court, being concurrent finding of fact. Accordingly, the claim of the appellant for enhancement of compensation amount does not merit interference-APPEAL NOT ALLOWED.… Read More Shivaraj Vs. Rajendra & ANR [ALL SC 2018 SEPTEMBER]

Whether owner of vehicle would get benefit of insurance if meet with accidental death while driving illegally

It is an admitted
position that the deceased was the owner-cum-driver of the vehicle in question.
The accident had occurred due to the rash and negligent driving of the vehicle
by the deceased. No other vehicle was involved in the accident. The deceased
himself was responsible for the accident. The deceased being the owner of the
offending vehicle was not a third party within the meaning of the Act. The
deceased was the victim of his own action of rash and negligent driving. A
Claimant, in our view, cannot maintain a claim on the basis of his own fault or
negligence and argue that even when he himself may have caused the accident
on account of his own rash and negligent driving, he can nevertheless make the
insurance company to pay for the same. Therefore, the respondents being the
LRs of the deceased could not have maintained the claim petition filed under
Section 166 of the Motor Vehicles Act.… Read More Whether owner of vehicle would get benefit of insurance if meet with accidental death while driving illegally

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

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