Category: Accident

Motor Vehicles Act, 1988 — Claim Petitions — Standard of Proof — In motor accident claim proceedings, the standard of proof required to establish the involvement of a vehicle and negligence is based on the preponderance of probabilities, not proof beyond a reasonable doubt as required in criminal cases

2025 INSC 452 SUPREME COURT OF INDIA DIVISION BENCH KUNCHAM LAVANYA AND OTHERS Vs. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. AND ANOTHER ( Before : Sudhanshu Dhulia and Ahsanuddin Amanullah,…

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

2025 INSC 165 SUPREME COURT OF INDIA DIVISION BENCH HARE KRUSHNA MAHANTA Vs. HIMADARI SAHU AND ANOTHER ( Before : Sanjay Karol and Prashant Kumar Mishra, JJ. ) Civil Appeal…

The primary issues revolved around whether the compensation awarded by the MACT and High Court was adequate, particularly under heads like loss of income, future medical expenses, and non-pecuniary damages – The Supreme Court acknowledged the High Court’s correct adoption of the notional income and enhancement of loss of income but criticized its failure to adequately consider other compensation heads — The court emphasized the need to follow established guidelines for multipliers and future prospects additions, and highlighted the importance of considering doctors’ recommendations and the actual needs of the victim — The Supreme Court allowed the appeal and enhanced the total compensation to Rs. 48,00,000, matching the petitioner’s claimed amount.

2025 INSC 29 SUPREME COURT OF INDIA DIVISION BENCH ATUL TIWARI Vs. REGIONAL MANAGER, ORIENTAL INSURANCE COMPANY LIMITED ( Before : Sanjay Karol and Prasanna B. Varale, JJ. ) Civil…