On and from 1st April, 2017 vehicles that are not BS-IV compliant shall not be sold in India

Supreme Court  in the case of M.C. Mehta v. Union of India & Ors. [I.A. Nos. 487/2017, 491/2017, 494/207, 489/2017, 495/2017 in Writ Petition (Civil) No.13029 of 1985], issue pertaining to the sale and registration and therefore the commercial interests of manufacturers and dealers of such vehicles that do not meet the Bharat Stage-IV (‘BS-IV’) emission standards as on 1st April, 2017 was examined keeping in … Continue reading On and from 1st April, 2017 vehicles that are not BS-IV compliant shall not be sold in India

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

Pappu and Ors. Vs. Vinod Kumar Lamba and ANR [SC 2018 January]

KEYWORDS :- Insurance-Fault Liability-Motor Accident Claim-Authorised person- DATE : January 19, 2018 ACTS:- Motor Vehicles Act, 1988-Sections 165 and 168 SUPREME COURT OF INDIA Pappu and Ors. Vs. Vinod Kumar Lamba and ANR. [Civil Appeal No. 20962 of 2017 arising out of SLP(C) No.29032 of 2015] A.M. Khanwilkar, J. 1. This appeal questions the legality and tenability of the judgment of the High Court of Judicature at Allahabad … Continue reading Pappu and Ors. Vs. Vinod Kumar Lamba and ANR [SC 2018 January]

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]

Motor Vehicle Laws in India

India having 48.65 lakh km of road network is the second largest in the World. At present, National Highway network of about 92,851 km comprises only 1.9% of the total length of roads, but carries over 40% of the total traffic across the length and breadth of the country. The Central Government, which is responsible for development and maintenance of NHs, implements the work on agency basis. The State Governments … Continue reading Motor Vehicle Laws in India

CENTRAL MOTOR VEHICLES RULES, 1989

The Central Motor Vehicles Rules, 1989 Published vide Notification G.S.R. 590 (E), dated 2.6.1989, published in the Gazette of  India, Extraordinary, Part, 2, Section 3, dated 2.6.1989   CHAPTER-I PRELIMINARY 1. Short title and commencement 2. Definitions CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES GENERAL 3. General. 4. Evidence is to the correctness of address and age. 5. Medical certificate 6. Exemption from production … Continue reading CENTRAL MOTOR VEHICLES RULES, 1989

Manjeet Singh Vs. National Insurance Company Ltd. & ANR. [SC 2017 DECEMBER

KEYWORDS:- Insurance- Fault-Nullity of Policy- The appellant who is the owner, was not at fault. His driver gave a lift to some passengers. Carrying such passengers may be a breach of the policy, but it cannot be said to be such a fundamental breach as to bring the insurance policy to an end and to terminate the insurance policy. The driver, on a cold wintery … Continue reading Manjeet Singh Vs. National Insurance Company Ltd. & ANR. [SC 2017 DECEMBER

Dr. S. Rajaseekaran (II) Vs. Union of India & Ors.[SC 2017 NOVEMBER]

KEYWORDS:-PIL-ROAD ACCIDENT- November 30, 2017 Motor Vehicles Act, 1988 SUPREME COURT OF INDIA Dr. S. Rajaseekaran (II) Vs. Union of India & Ors. [Writ Petition (Civil) No. 295 of 2012] Madan B. Lokur, J. 1. In this petition under Article 32 of the Constitution Dr. S. Rajaseekaran, an orthopaedic surgeon, a public spirited citizen and President of the Indian Orthopaedic Association has, inter alia, prayed … Continue reading Dr. S. Rajaseekaran (II) Vs. Union of India & Ors.[SC 2017 NOVEMBER]

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]

The Central Motor Vehicles (Accreditation of Bus Body Builders) Order, 2007

The Motor Vehicles Act 1988 The Central Motor Vehicles (Accreditation of Bus Body Builders) Order, 2007 The Central Motor Vehicles (Accreditation of Bus Body Builders) Order, 2007d expedient in the public interest to notify certain norms and process in respect of the accreditation of bus body builders, it therefore, in exercise of the powers conferred by the sub-section (3) of section 109 of the Motor … Continue reading The Central Motor Vehicles (Accreditation of Bus Body Builders) Order, 2007