Tag: motor vehicle act
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 …
Income Tax Return filed after death of the deceased can not be ignored for arriving at amount of compensation under Motor Vehicles Act In a recent judgment, the Hon’ble Supreme Court has held that Income Tax Return of the financial year in which accident took place but filed …
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 …
Higher rate of depreciation allowable on crane. So long as crane is registered under the Motor Vehicles Act, it is a motor vehicle. ABCAUS Case Law Citation:ABCAUS 3191 (2019) (11) ITAT Important case law relied upon by the parties:CIT Vs. Gaylord Constructions Gujco Carriers Vs. CIT 122 taxman …
Transfer of vehicle registration not necessary for claiming depreciation. Transfer of ownership of vehicles is governed by the Sale of Goods Act not by Motor Vehicles Act. ABCAUS Case Law Citation:ABCAUS 2670 (2018) (12) ITAT Important Case Laws Cited/relied upon:CIT v. Nidish Transport Corporation Panna Lal v. Chand Mal …
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 …
Supreme Court explains principles of Spousal, parental and filial consortium for award of compensation under Motor Vehicles Act ABCAUS Case Law Citation: ABCAUS 2523 (2018) 09 SC Important Case Laws Cited/relied upon by the parties: National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680 The Insurance Company had filed a Special Leave Petition (SLP) to …