Tag: motor accident claim
Owner of vehicle not expected to verify driver’s licence to know if the licence is fake or not. Owner of vehicle not before employing a driver not expected to verify license produced by the driver to know if the licence is fake or not. ABCAUS Case Law Citation:4774 …
SC applies “pay and recover” doctrine where driver of the offending vehicle was not holding a valid driving license on the date of the accident In a recent judgment, the Hon’ble Supreme Court in a motor accident claim upheld the doctrine of “pay and recover” where the driver …
Dependent mother of the deceased also entitled to compensation under Motor Vehicle Act – Supreme Court In a recent judgment Hon’ble Supreme Court has held that dependent mother of the deceased is entitled to compensation under Motor Vehicle Act as obligation of a child to maintain their parent …
In an accident chain, the liability under MV Act would pass on to the vehicle which was the root cause of the accident – Supreme Court In a recent judgment, Hon’ble Supreme Court has held that if an insured vehicle hits another vehicle which in turn hits a …
In case of difference in dates of birth between Aadhar Card and School Leaving Certificate, later is to be taken as proof of age – SC In a recent order involving claim under a motor accident case, Hon’ble Supreme Court has held that in case of conflict of …
SC holds car driver not guilty of accident as truck was parked on middle of highway at night In a recent judgment the Hon’ble Supreme Court reversed the finding of the High Court that car driver could have averted crash accident with the truck parked on the Highway …
Interest awarded in motor accident claim cases from the date of the Claim Petition till passing of award/judgment not taxable, being not an income. ABCAUS Case Law Citation:ABCAUS 3142 (2019) (09) HC Important case law relied upon by the parties:Rama Bai and ors. vs. Commissioner of Income Tax, …
No restriction on Courts to award compensation exceeding claimed amount. The compensation under Motor Vehicles Act, 1988 has to be just – Supreme Court ABCAUS Case Law Citation:ABCAUS 2656 (2018) (11) SC Important Case Laws Cited/relied upon:Nagappa v. Gurudayal Singh (2003) 2 SCC 274Magma General Insurance v. Nanu Ram (2018) SCC Online SC 1546Ibrahim v. Raju (2011) 10 SCC 634 The claimants in the instant appeal had sought further enhancement of compensation awarded by the High …
