March 25, 2026 10:34 am

Motor Vehicles Act, 1988 – Sections 14 and 15 – Expired Driving licence – Compensation – Liability – Insurance Company cannot be made liable in the event there was an expired licence held by the driver who was driving his employer’s insured vehicle.

Bysclaw

Sep 25, 2020

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By sclaw

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Motor Vehicles Act, 1988 — Sections 2(30), 173, 174 — Compensation — Liability for accident during requisition of vehicle — Bus owned by a school was requisitioned by the appellant (District Magistrate) for election purposes — Accident occurred while the bus was under the control of the appellant — Issue of shifting of liability from the insurance company to the requisitioning authority — Held, when a public authority requisitions a privately owned vehicle for public purposes, the nature of possession and control changes entirely, and the requisitioning authority assumes responsibility for consequences arising from such compelled use — The owner is divested of custody and decision-making power, and the vehicle is placed at the disposal of the State for governmental functions — During this period, the owner neither directs its use nor derives any benefit from it — It only stands to reason that in such circumstances, if an untoward incident occurs, responsibility would properly to rest with the requisitioning authority and not with the insurer engaged by the owner for ordinary, private or commercial use — The requisitioning authority, by assuming control and deploying the vehicle for its own purposes, assumes with that control the corresponding responsibility — Appeal dismissed.

Mar 24, 2026 sclaw

Motor Vehicles Act, 1988 — Section 166 — Motor Accidents Claims Tribunal (MACT) — Assessment of compensation — Functional disability vs — Physical disability — High Court reduced functional disability from 63% assessed by Medical Board to 30% without providing cogent reasons, constituting an erroneous appreciation of evidence and misapplication of legal principles — Such reduction, without convincing evidence impeaching medical certificates and without assigning adequate reasons, was unjustified — Supreme Court, to do complete justice and avoid further delay, examined functional disability on merits, considering medical and neuropsychological reports indicating severe cognitive impairment, partial blindness, and orthopedic limitations — Held, functional disability for calculating loss of earning capacity should be assessed at 100% given the claimant’s managerial role and the profound impact of injuries on his cognitive and functional abilities — Compensation recalculated accordingly, enhancing the award from Rs — 35,61,000/- to Rs — 97,73,011/-.

Mar 21, 2026 sclaw

Motor Vehicles Act, 1988 — Section 166 — Compensation — Deduction of group insurance benefits — Whether amounts received by claimants under employer-provided group insurance or other contractual/social security benefits can be deducted from compensation awarded under the Motor Vehicles Act, 1988 — Held, such benefits arise from independent contractual relationships and lack nexus with statutory compensation for death in a motor vehicle accident — Principle of balancing loss and gain cannot diminish statutory entitlement to just compensation — High Court rightly set aside deductions made by the Tribunal towards group insurance amounts.

Mar 17, 2026 sclaw

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Mar 24, 2026 sclaw