Category: Accident

Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Standard of Proof — In motor vehicle accident claims, the standard of proof is based on preponderance of probabilities, not proof beyond reasonable doubt — However, claimants must establish three elements: (i) occurrence of accident; (ii) involvement of the specific offending vehicle; and (iii) rash and negligent act of the driver — Mere occurrence of the accident alone is insufficient if the involvement of the vehicle and negligence are not established. (Paras 5, 7, 8, 16)

2025 INSC 1425 SUPREME COURT OF INDIA DIVISION BENCH SITHARA N.S. AND OTHERS Vs. SAI RAM GENERAL INSURANCE COMPANY LIMITED ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ.…

Motor Vehicles Act, 1988 — Compensation for Death of a Child — Calculation of Compensation — Deceased 14-year-old schoolboy — Principles adopted for calculating compensation for death of child — Notional monthly income adopted based on Minimum Wages Act, 1948 for a Class B city (Rs. 5400/- per month) — Addition of 40% for future prospects — Multiplier of 15 adopted based on Reshma Kumari v. Madan Mohan — Deduction of one-half for personal expenses — Statutory heads of compensation (loss of estate, funeral expenses) awarded at Rs. 15,000/- each — Loss of filial consortium awarded at Rs. 40,000/- per parent — Compensation for pain and suffering of the deceased child, who died a day after the accident, awarded at Rs. 25,000/- to inure to the benefit of legal heirs — Total compensation enhanced to Rs. 8,65,400/- with interest at 7.5% per annum. (Paras 7, 8, 9)

2025 INSC 1429 SUPREME COURT OF INDIA DIVISION BENCH DEVENDRA KUMAR TRIPATHI AND OTHERS Vs. THE ORIENTAL INSURANCE COMPANY LTD. AND ANOTHER ( Before : Ahsanuddin Amanullah and K. Vinod…

Motor Vehicles Act, 1988 — Compensation — Assessment of income of deceased — Standard of proof — Where claimants assert a high monthly income (Rs. 95,000/-) for the deceased (a transport contractor owning two trucks), which exceeds the taxable limit, failure to produce Income Tax Returns (ITR) is highly relevant and undermines the claim — The contention that high EMI payments (approx. Rs. 42,500/-) imply double the income is an unfounded assumption, amounting to mere surmises and conjectures. (Paras 3, 6)

2025 INSC 1430 SUPREME COURT OF INDIA DIVISION BENCH M/S NATIONAL INSURANCE CO. LTD. Vs. NEERU DEVI AND OTHERS ( Before : Ahsanuddin Amanullah and K. Vinod Chandran, JJ. )…

Motor Vehicles Act, 1988 — Section 166 — Claim Petition — Standard of Proof — In motor vehicle accident claims, the standard of proof is based on preponderance of probabilities, not proof beyond reasonable doubt — However, claimants must establish three elements: (i) occurrence of accident; (ii) involvement of the specific offending vehicle; and (iii) rash and negligent act of the driver — Mere occurrence of the accident alone is insufficient if the involvement of the vehicle and negligence are not established. (Paras 5, 7, 8, 16)

2025 INSC 1425 SUPREME COURT OF INDIA DIVISION BENCH SITHARA N.S. AND OTHERS Vs. SAI RAM GENERAL INSURANCE COMPANY LIMITED ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ.…

Motor Vehicles Act, 1988 — Compensation — Enhancement — Principles — Supreme Court’s power to award ‘just compensation’ exceeding the amount claimed — While enhancing compensation for a 21-year-old Appellant suffering 100% functional disability (due to hemiparesis, disfigurement, and brain injuries) — Supreme Court relied on ‘Nagappa v. Gurudayal Singh’ to award compensation in excess of the amount claimed by using evidence on record to arrive at just and fair compensation. (Paras 11, 12, 14)

2025 INSC 1392 SUPREME COURT OF INDIA DIVISION BENCH R. LOGESHKUMAR Vs. P. BALASUBRAMANIAM AND ANOTHER ( Before : K.V. Viswanathan and S.V.N. Bhatti, JJ. ) Civil Appeal Nos….. of…

Motor Vehicles Act, 1988 — Section 166 — Fatal accident claim — Deceased aged 33 years, survived by seven dependents (wife, four minor children, and parents) — Calculation of income — Consideration of income from both documented employment (stone crusher unit) and agricultural activity — Although documentary evidence for income beyond salary was lacking, it is reasonable to presume some income from agricultural activity given the farming background — Claimants’ assertion of Rs. 6,000/- monthly salary from stone crusher unit (supported by employer certificate) accepted, as it is a reasonable earning expectation for such employment — Additional Rs. 2,000/- per month presumed for agricultural income, totaling Rs. 8,000/- monthly income for compensation calculation. (Paras 3.2, 5, 5.2, 5.3, 5.6)

2025 INSC 1393 SUPREME COURT OF INDIA DIVISION BENCH RANI @ RAJ KUMARI AND OTHERS Vs. KAMLAKAT GUPTA AND OTHERS ( Before : K. Vinod Chandran and N.V. Anjaria, JJ.…

Motor Vehicles Act, 1988 — Section 149(2) — Insurance — Liability of insurer — “Pay and recover” directions — Fake driving licence — For insurer to avoid liability, it must prove not only that the driver’s licence was fake, but also that the owner (insured) deliberately breached the policy by entrusting the vehicle to such a driver.

2025 INSC 1204 SUPREME COURT OF INDIA DIVISION BENCH HIND SAMACHAR LTD. (DELHI UNIT) Vs. NATIONAL INSURANCE COMPANY LTD. AND OTHERS ( Before : K. Vinod Chandran and N. V.…

Motor Vehicles Act, 1988 — Section 149 — Liability of insurer — Award of compensation — Insurance policy validity — Truck driver’s rash and negligent driving caused death of security guard — Tribunal awarded compensation to claimants — Insurance Company argued policy was not valid on accident date due to fraudulent alteration of dates by owner — This contention was raised only in review petition, not in main proceedings — Insurer failed to prove fraud — Review application dismissed for lack of power by Tribunal.

2025 INSC 1178 SUPREME COURT OF INDIA DIVISION BENCH NEW INDIA ASSURANCE CO. LTD Vs. NARAYAN SINGH AND OTHERS ( Before : K. Vinod Chandran and N.V. Anjaria, JJ. )…

Motor Vehicles Act, 1988 — Sections 166, 173 — Award of Tribunal reversed by High Court — Claimant appealing — Death in hit and run accident alleged — Victim’s family claiming compensation — Husband of first appellant died in alleged accident — Accident witnessed by neighbour — High Court found accident and vehicle involvement not proved — Appeal dismissed.

2025 INSC 1176 SUPREME COURT OF INDIA DIVISION BENCH RAJAMMA AND OTHERS Vs. M/S. RELIANCE GENERAL INSURANCE CO. LTD. AND ANOTHER ( Before : K. Vinod Chandran and N. V.…

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