Supreme Court of India Judgements

46735 Judgements hosted as on 16/02/2025 - Search (FREE), Subscribe, Read & Download

Category: Accident

Accident

Motor Accident Claims — Accurate Disability assessment — Supreme Court addressed the issue of compensation for a motor accident victim who sustained injuries to both hands requiring surgery and resulting in permanent disability — The Motor Accident Claims Tribunal (Tribunal) initially awarded Rs.5,38,872/- as compensation, considering a 25% disability — The insurance company appealed, and the High Court reduced the compensation to Rs.4,74,072/-, adjusting the disability percentage to 20% — The Supreme Court upon reviewing the medical records and testimony of doctor, who certified a 50% disability, set aside the High Court’s judgment — It restored the Tribunal’s decision, which had assessed a 25% disability — The Court directed the insurance company to deposit the full compensation amount, as determined by the Tribunal — The appeal was thus allowed, emphasizing the importance of accurate disability assessment in determining fair compensation for accident victims.

Aug 11, 2024 sclaw

2024 INSC 598 SUPREME COURT OF INDIA DIVISION BENCH RAHUL — Appellant Vs. NATIONAL INSURANCE COMPANY LTD. AND ANOTHER — Respondent ( Before : Sudhanshu Dhulia and R. Mahadevan, JJ.…

Accident

Motor Vehicle Act, 1988 – Section 173 – Enhancement of compensation – Indigent person – Appellant, an indigent person, was injured in a motor vehicle accident and filed a claim before the Motor Accident Claims Tribunal (MACT) for Rs. 10 lakhs – The MACT awarded her Rs. 2,41,745 with 9% interest from the date of the claim petition till realization – The appellant then filed an appeal before the High Court of Gujarat seeking enhanced compensation – The High Court dismissed the appeal and denied the appellant permission to file the appeal as an indigent person, stating that she had received compensation by the MACT and was therefore not indigent – The appellant argued that she was still indigent despite receiving compensation from the MACT, as she had not yet received the awarded amount – The Supreme Court allowed the appeal and set aside the High Court’s judgment – The court held that the appellant was still indigent despite receiving compensation from the MACT, as she had not yet received the awarded amount – The court granted the appellant liberty to appeal as an indigent person and requested the High Court to decide the appeal expeditiously, preferably within six months from the date of receipt of the copy of the judgment – The court relied on previous judgments to define the concept of an ‘indigent person’ and applied the principle that lack of monetary capability should not preclude a person from seeking justice – The Supreme Court allowed the appeal, set aside the High Court’s judgment, and granted the appellant liberty to appeal as an indigent person.

Jul 4, 2024 sclaw

(2024) INSC 457 SUPREME COURT OF INDIA DIVISION BENCH ALIFIYA HUSENBHAI KESHARIYA — Appellant Vs. SIDDIQ ISMAIL SINDHI AND OTHERS — Respondent ( Before : J.K. Maheshwari and Sanjay Karol,…

Accident

Motor Vehicle Act, 1988 – Section 173 – Enhancement of compensation – Indigent person – Appellant, an indigent person, was injured in a motor vehicle accident and filed a claim before the Motor Accident Claims Tribunal (MACT) for Rs. 10 lakhs – The MACT awarded her Rs. 2,41,745 with 9% interest from the date of the claim petition till realization – The appellant then filed an appeal before the High Court of Gujarat seeking enhanced compensation – The High Court dismissed the appeal and denied the appellant permission to file the appeal as an indigent person, stating that she had received compensation by the MACT and was therefore not indigent – The appellant argued that she was still indigent despite receiving compensation from the MACT, as she had not yet received the awarded amount – The Supreme Court allowed the appeal and set aside the High Court’s judgment – The court held that the appellant was still indigent despite receiving compensation from the MACT, as she had not yet received the awarded amount – The court granted the appellant liberty to appeal as an indigent person and requested the High Court to decide the appeal expeditiously, preferably within six months from the date of receipt of the copy of the judgment – The court relied on previous judgments to define the concept of an ‘indigent person’ and applied the principle that lack of monetary capability should not preclude a person from seeking justice – The Supreme Court allowed the appeal, set aside the High Court’s judgment, and granted the appellant liberty to appeal as an indigent person.

Jun 2, 2024 sclaw

(2024) INSC 457 SUPREME COURT OF INDIA DIVISION BENCH ALIFIYA HUSENBHAI KESHARIYA — Appellant Vs. SIDDIQ ISMAIL SINDHI AND OTHERS — Respondent ( Before : J.K. Maheshwari and Sanjay Karol,…

Accident

Motor Accident Claim – Enhancment of Compensation -The court found errors in the tribunal’s assessment of disability and income, leading to an increase in compensation for loss of future income and other damages – The court relied on precedents that emphasize the importance of adequate compensation for physical and emotional suffering caused by accidents – The appeal was allowed, enhancing the total compensation to Rs.2,42,120/- with directions for the insurance company to pay the balance amount with interest.

Apr 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AABID KHAN — Appellant Vs. DINESH AND OTHERS — Respondent ( Before : Sanjay Karol and Aravind Kumar, JJ. ) Civil Appeal No….of 2024…

Accident

Motor Accident Claims – The Supreme Court re-assessed the income of the deceased at Rs. 35,000/- per month and awarded a total compensation of Rs. 38,81,500/- with interest @8% per annum to the appellants – The Supreme Court modified the judgment of the High Court and restored that of the Tribunal partially.

Mar 9, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VETHAMBAL AND OTHERS — Appellant Vs. THE ORIENTAL INSURANCE COMPANY AND OTHERS — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ. )…

Accident

Whether a person holding a driving licence in respect of a “light motor vehicle” could on the strength of the licence be entitled to drive a “transport vehicle of light motor vehicle class” having unladen weight not exceeding 7500 kgs – Any change in the position of law as expressed in Mukund Dewangan v. Oriental Insurance Company Limited, (2017) 14 SCC 663 would undoubtedly have an impact on persons who have obtained insurance relying on the law declared by this Court and who may be driving commercial vehicles with LMV licences – A large number of persons would be dependent on the sector for earning their livelihood HELD entire matter is evaluated by the Government before this Court embarks upon the interpretative exercise. Two months time granted

Sep 28, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LIMITED — Appellant Vs. RAMBHA DEVI AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI.,…

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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.

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