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

Distinction between a contract of insurance and reimbursement of the liability of the owner of the vehicle under MV Act

In National Insurance Co. Ltd.Versus Abhaysing Pratapsing Waghela and OTHERS [AIR 2008 SCW 6178 ] A distinction must be borne in mind between a contract of insurance which has been entered into for the purpose of giving effect to the object and purport of the statute and one which provides for reimbursement of the liability of the … Continue reading Distinction between a contract of insurance and reimbursement of the liability of the owner of the vehicle under MV Act

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