Tag: motor vehicle claim

Deceased homemaker can not be considered as dependant for award of compensation under MV Act. Courts to award a composite sum of Rs. 30,000/- towards loss of domestic care.  In a recent judgment, Hon’ble Supreme Court has held that a homemaker (housewife) can not be considered as dependant …

Amount of money received as Mediclaim not deductible from an award passed by MACT under the head of medical expenses. Amount of money received as Mediclaim under Mediclaim policy is not deductible from an award passed by Motor Accidents Claims Tribunal (the MACT) which may also include compensation …

Under MV Act separate compensation can not be granted under the head “loss of love and affection” – Supreme Court In a recent judgment, Hon’ble Supreme Court has held that under Motor Vehicle Act a separate compensation can not be granted under the head “loss of love and …

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 …

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 …

In Motor Accident Claims income must be determined on the basis of the income tax return, where available. – Supreme Court held that the ITR is a statutory document on which reliance may be placed to determine the annual income of the deceased. ABCAUS Case Law Citation:ABCAUS 3193 …