Accident Archives - Page 14 of 21 - Supreme Court of India Judgements

February 24, 2025 5:21 am

Income-Deceased aged 38 years was in the business of selling desi ghee and namkeen bhujia in a small village—Held; Income assessed by Tribunal as Rs.1200/ – per month is on lower side—Income should have been assessed at Rs.2500/- per month keeping in view circumstances of case

Oct 28, 2018 sclaw

2018(3) Law Herald (SC) 2305 : 2018 LawHerald.Org 1492 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Honble Mr. Justice A M Khanwilkar Civil Appeal No.7279of2018 (Arising…

Accident

IMP – PAY & RECOVER — Accident—Tractor-trailer—No evidence that any trailer was insured or trailer was attached to the tractor—Thus, it would follow that injured person (other than driver of tractor) travelled in tractor as a passenger–Insurance company not liable to pay-However, insurance company directed to pay & recover.

Oct 28, 2018 sclaw

2018(3) Law Herald (SC) 2288 : 2018 LawHerald.Org 1489 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar CIVIL…

Accident

Motor vehicle act compensation amounts being received by family under employees family benefit scheme not to b e deducted while calculating loss of income

Oct 14, 2018 sclaw

Motor vehicle act compensation amounts being received by family under employees family benefit scheme not to b e deducted while calculating loss of income IN THE SUPREME COURT OF INDIA …

Accident

Accident—License—Mere fact that the driving license is fake, perse, would not absolve the insurance company and make owner liable.

Oct 7, 2018 sclaw

2018(3) Law Herald (SC) 2028 : 2018 LawHerald.Org 1421 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Civil Appeal…

Accident

Accident—Insurance—Pay & Recover—Concept of pay and recover as laid down in Swaran Singh case still holds the field and tribunal is empowered to direct accordingly.

Oct 7, 2018 sclaw

2018(3) Law Herald (SC) 1999 : 2018 LawHerald.Org 1417 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ranjan Gogol Hon’ble Mrs. Justice R. Banumathi Civil Appeal No. 8144…

Accident

Accident–Negligence- In a proceeding under Section 163 A of the M, V.Act, the insurer cannot raise any defence of negligence on the part of the victim to counter a claim for compensation

Oct 6, 2018 sclaw

2018(3) Law Herald (SC) 1985 : 2018 LawHerald.Org 1415 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A M Khanwilkar Hon’ble Mr.…

Accident

Accident—Transfer of vehicle before Accident—Absence of intimation of transfer to Insurance Company—Insurance Company still liable to pay third party claim.

Sep 23, 2018 sclaw

2018(3) Law Herald (SC) 1936 : 2017 LawHerald.Org 2210 2017) AAC 2149 : (2017) 3 ACC 728 : (2017) ACJ 2608 : (2017) AIR(SCW) 3572 : (2017) 4 AIRJharR 549…

Accident

Accident—Negligence—Car dashed into truck from behind—Distance between the truck and maruti car was only 10-15 feet which cannot be held to sufficient distance to avoid collision—Claim petition dismissed.

Sep 11, 2018 sclaw

2018(2) Law Herald (SC) 732 : 2018 LawHerald.Org 1017 SUPREME COURT OF INDIA FULL BENCH NISHAN SINGH — Appellant Vs. ORIENTAL INSURANCE COMPANY LTD. THROUGH REGIONAL MANAGER — Respondent ( Before…

Accident

Accident—Insurance—Permit—Plying of transport vehicle without any kind of permit is fundamental breach of policy—Insurance company not liable.

Sep 9, 2018 sclaw

(2018) 2 ACC 638 : (2018) 7 SCALE 502 SUPREME COURT OF INDIA DIVISION BENCH AMRIT PAUL SINGH — Appellant Vs. TATA AIG GENERAL INSURANCE CO. LTD. — Respondent ( Before : Dipak Misra,…

Accident

IMP :: Accident—Future Prospects—Standardized percentage is capable of being varied if the evidence is so led—100% increment can also be awarded.

Sep 9, 2018 sclaw

(2018) 4 JT 391 : (2018) 2 PLR 483 : (2018) 5 SCALE 759 2O18(2) Law Herald (SC) 663 : 2018 LawHerald.Org 1070 SUPREME COURT OF INDIA DIVISION BENCH…

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C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw

Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw

Accident

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.

Feb 9, 2025 sclaw

Child Custody

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Feb 9, 2025 sclaw

Category: Accident

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