Motor Vehicles; United India Insurance Co. Ltd. Vs. Sunil Kumar [Supreme Court of India, 24-11-2017]

Motor Vehicles Act, 1988 – S. 163A – Whether in a claim proceeding u/s. 163 A it is open for the Insurer to raise the defence / plea of negligence? – Held, in a proceeding u/s. 163A of the Act it is not open for the Insurer to raise any defence […]

Motor Vehicles Act; National Insurance Company Limited Vs. Pranay Sethi [Supreme Court of India, 31-10-2017]

Motor Vehicles Act, 1988 – Ss. 163A & 166 – Permanent Job – While determining the income, an addition of 50% of actual salary to the income of the deceased towards future prospects, where the deceased had a permanent job and was below the age of 40 years, should be made. […]

Motor Vehicles; State Vs. C.P. Varghese [Kerala High Court, 21-07-2017]

Motor Vehicles Act, 1988 – S. 56, 64, 65 & 86 – Central Motor Vehicles Rules, 1989 – R. 73 – Motor Vehicles Rules, 1989 (Kerala) –  Rr. 105 & 186 – Certificate of Fitness of Transport Vehicles – Power of Central & State Governments to make rules – Cancellation and Suspension of […]

Motor Vehicles; Palakkad Jilla Bus Operators Association Vs. Government [Kerala High Court, 07-07-2017]

Motor Vehicles Act, 1988 – Ss. 2(38), 100 & 102 – Route – Objection to the proposal – Cancellation or modification of scheme – Merely by identifying path of traverse in the notified route by the statutory authority, it will not in any manner infracts the power conferred on the State […]

Consumer Law; Reliance General Insurance Co. Ltd. Vs. Jivabhai Maldebhai Godhaniya [National Consumer Disputes Redressal Commission, 09-05-2017]

Unless a person satisfies the licencing authority on that score and obtains proper authorisation for driving a commercial vehicle, he cannot be stated to be in possession of a valid and effective driving licence.

Vehicle Taxation; K. Prasannakumar Vs. Transport Commissioner, Thiruvananthapuram [Kerala High Court, 02-12-2016]

If a person has a case that he has not used or kept for use a motor vehicle and he should be exempted from paying tax, his only remedy is to submit an intimation in writing to the Regional Transport Officer in terms of Sec.5(1).

Motor Accidents Claims; United India Insurance Vs. Beena Pathrose [Kerala High Court, 28-09-2016]

Whether an insurer can prefer an appeal under Section 173 of the M.V.Act against an award of a Claims Tribunal challenging the quantum of compensation awarded when the insurer had not obtained permission under Section 170 of the Motor Vehicles Act to contest the matter before the Tribunal on all […]

Motor Accidents Claims; Paul Varghese Vs. Shanveen [Kerala High Court, 10-06-2016]

Motor Vehicles Act, 1988 – Section 168 – A victim in a motor accident, who sustained injuries resulting disabilities has to be adequately compensated for the incidental expenses, including expenses towards future treatment, so as to enable him to recover from the disabilities caused by the tort feasor. However, while awarding […]

Section 140 M.V. Act; National Insurance Vs. Sanju Devi [Patna High Court, 20-05-2016]

Motor Vehicles Act, 1988 – Section 140 – Liability to pay compensation in certain cases on the principle of no-fault – Maintainability of the petition – the plea of the appellant that the deceased was the victim of his own negligence and on account thereof, the claimants were not entitled to seek relief […]

Can Religious Organization Claim Compensation If Member Dies In Road Mishap

The Supreme Court of India in Montford Brothers Of St. Gabriel Vs. United India Insurance; AIR 2014 SC 1550 : (2014) 3 SCC 394 : 2014 (1) SCR 835 : JT 2014 (2) SC 488 : 2014 (1) SCALE 645 held that if a person who has renounced family to serve a religious […]