Category: Accident

Motor Vehicles Act, 1988 — Section 166 and 140 — Compensation for death in motor vehicular accident — Negligence — Truck stationed on road at night without warning lights or indicators — Wagon-R car collided from behind — Held, truck driver was negligent in leaving the vehicle unattended on the road without adequate precautionary measures, which was the proximate cause of the accident.

2026 INSC 653 SUPREME COURT OF INDIA DIVISION BENCH THE ORIENTAL INSURANCE COMPANY LIMITED Vs. KALU RAM AND OTHERS ( Before : Prashant Kumar Mishra and N.V. Anjaria, JJ. )…

Motor Vehicles Act, 1988 — Section 165 and 166 — Liability for injuries sustained due to falling tree branch — Injuries caused by falling tree branch while vehicle was stationary under the tree during rain — Held, not an accident “arising out of the use of a motor vehicle” as the motor vehicle did not play an active role. [

2026 INSC 637 SUPREME COURT OF INDIA DIVISION BENCH THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE Vs. K.K.UMESH KUMAR AND OTHERS ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ.…

Motor Vehicles Act, 1988 — Section 168 — Compensation — Death of homemaker — New head of ‘Loss of Domestic Care’ — Basis and quantum — The conventional method of computing compensation upon the death of a homemaker suffers from an inherent disadvantage — Notional income, as assigned by earlier decisions, fails to capture the economic, emotional and managerial contributions that a homemaker makes to the household and to nation-building at large — In recognition of the multifarious yet unquantified roles of a homemaker — (i) contribution towards smooth functioning of the household; (ii) loss of maternal support to children; and (iii) loss of spousal/parental support — a composite sum of Rs. 30,000/- per month shall be added under the head ‘Loss of Domestic Care’ — This sum shall serve as the stand-in monthly income where the homemaker has no conventional monetary income — It shall be revised cumulatively by 10% every three years — Where the homemaker is part of the paid workforce, this head shall be in addition to the proved monthly income.

2026 INSC 634 SUPREME COURT OF INDIA DIVISION BENCH SHISHU PAL @ SHISH RAM AND OTHERS Vs. SURJEET AND OTHERS ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ.…

Penal Code, 1860 (IPC) — Sections 279, 304A — Motor Vehicles Act, 1988 (MV Act) — Sections 134, 187 — Rash and negligent driving causing death — Driver acted on conductor’s signals for stopping and starting the bus — Driver cannot be held negligent when following conductor’s instructions — Death could be due to passenger’s own lack of care while alighting — Driver acquitted.

2026 INSC 565 SUPREME COURT OF INDIA DIVISION BENCH MOHAMMAD HANIF JAINUM KHALIFA Vs. THE STATE OF KARNATAKA ( Before : Prashant Kumar Mishra and N.V. Anjaria, JJ. ) Criminal…

Motor Vehicles Act, 1988 — Section 166 — Claim for compensation — Deduction of Mediclaim benefits — Motor Accidents Claims Tribunal — Award of compensation — Mediclaim policy is a contract of insurance purchased by an individual to cover uncertainties of life, with no specific accidental coverage — Compensation under Motor Vehicles Act is a statutory remedy arising from negligence and injury — Mediclaim reimbursement is a contractual benefit independent of the Motor Vehicles Act claim — Deduction of Mediclaim benefits would denude claimant of benefits from premiums paid and unduly benefit insurer of offending vehicle — Compensation awarded under Motor Vehicles Act is a beneficial legislation intended to put the injured in the position as if the accident had not occurred — Medical expenses claimed and paid under Mediclaim are not deductible from compensation awarded by the Tribunal under the Motor Vehicles Act — These two stand on different footing; one is statutory, the other is contractual.

2026 INSC 498 SUPREME COURT OF INDIA DIVISION BENCH NEW INDIA ASSURANCE COMPANY LIMITED Vs. DOLLY SATISH GANDHI AND ANOTHER ( Before : Sanjay Karol and Vipul M. Pancholi, JJ.…

Motor Vehicles Act, 1988 — Compensation — Enhancement — Deceased was an engineering student with good academic record and potential future earnings — High Court enhanced compensation but it was found to be on the lower side — The Supreme Court assessed the monthly income at Rs. 12,000/-, added 40% for future prospects, deducted half for personal expenses, and applied a multiplier of 18 — Compensation under conventional heads was also enhanced — The motorcycle damage was awarded as per the surveyor’s report.

2026 INSC 477 SUPREME COURT OF INDIA DIVISION BENCH MOHINDER KAUR (D) THROUGH L.R. Vs. BRIJ LAL ARORA AND OTHERS ( Before : S.V.N. Bhatti and Vijay Bishnoi, JJ. )…

Motor Vehicles Act, 1988 — Section 168 — Just Compensation — Award of compensation for prosthetic limb — No fixed guidelines for compensation amount — Courts can deviate from governmental notifications if they are too low — Emphasis on “restitutio in integrum” principle to restore the claimant as close as possible to their pre-injury state — Claimants are entitled to choose private centres for prosthetic limbs and renewal costs should be considered — Compensation can be awarded for periodic replacement and maintenance of prosthetic limbs.

2026 INSC 396 SUPREME COURT OF INDIA DIVISION BENCH PRAHLAD SAHAI Vs. HARYANA ROADWAYS AND ANOTHER ( Before : J.B. Pardiwala and K. V. Viswanathan, JJ. ) Civil Appeal No.4642…

Motor Vehicles Act, 1988 — Section 168 — Just Compensation — Award of compensation for prosthetic limb — No fixed guidelines for compensation amount — Courts can deviate from governmental notifications if they are too low — Emphasis on “restitutio in integrum” principle to restore the claimant as close as possible to their pre-injury state — Claimants are entitled to choose private centres for prosthetic limbs and renewal costs should be considered — Compensation can be awarded for periodic replacement and maintenance of prosthetic limbs.

2026 INSC 396 SUPREME COURT OF INDIA DIVISION BENCH PRAHLAD SAHAI Vs. HARYANA ROADWAYS AND ANOTHER ( Before : J.B. Pardiwala and K. V. Viswanathan, JJ. ) Civil Appeal No.4642…

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