Accident Archives - Page 20 of 21 - Supreme Court of India Judgements

February 22, 2025 9:57 pm

Motor Vehicles Act, 1988, S.166–Accident–Just Compensation- If overall award of compensation is just and fair, then, such award deserves to be upheld in claimants’ favour.

May 1, 2017 sclaw

2017(1) Law Herald (P&H) 632 (SC) : 2017 LawHerald.Org 589 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J. Chelameswar The Hon’ble Mr. Justice Abhay Manohar Sapre…

Accident

Accident—Proof of rashness and negligence on the part of the driver of the vehicle, is sine qua non for maintaining an application under Section 166 of the M.V. Act. Document—Admissibly of—Once a part of the contents of the document is admitted in evidence, the party bringing the same on record cannot be permitted to turn round and contend that the other contents contained in the rest part thereof had not been proved.

Apr 30, 2017 sclaw

2007(3) LAW HERALD (SC) 2513 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 2526 of…

Accident

Having regard to the facts and circumstances of this case, the High Court ought not to have taken a strict view of the matter because the delay was not deliberate and there was nothing on the record to show that the appellant had acquiesced in the matter

Apr 27, 2017 sclaw

(1998) 8 SCC 698 SUPREME COURT OF INDIA MANICKRAM — Appellant Vs. BALUKHAN — Respondent ( Before : A. M. Ahmadii, C.J; Sujata V. Manohar, J; B. N. Kirpal,…

Accident

Accident–Compensation—A legal representative is one who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent and child.

Apr 24, 2017 sclaw

2007(3) LAW HERALD (SC) 2314 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 3216 of…

Accident

Accident–Furnishing of Copies of reports to claims tribunal and insurer—It is the statutory duty of the concerned police officers forward to Claims Tribunal having jurisdiction about the death or bodily injury any person so recorded in the police station.

Apr 22, 2017 sclaw

2007(3) LAW HERALD (SC) 2222 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P.P. Naolekar Writ Petition (Civil) 282 of…

Accident

Accident—Compensation—The multiplier to be adopted is to be determined on the age of the claimants and not on the age of the deceased.

Apr 22, 2017 sclaw

2007(3) LAW HERALD (SC) 2214 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P.K. Balasubramaniyan The Hon’ble Mr. Justice D.K.…

Accident

Accident—Compensation—Entitlement to—Legal Representative— Even if there is no loss of dependency the claimant if he or she is a legal representative will be entitled to compensation, the quantum of which shall be not less than the liability flowing from Section 140 of the Act.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1345 IN THE SUPREME COURT OF INDIA Before The Hon’ble Dr. Justice Arijit Pasayat Civil Appeal No. 1702 of 2007 Smt. Manjuri Bera v. The Oriental…

Accident

Accident—Car owned by a company, given to its manager for use—Manager died in accident—Insurance company not liable. Accident–Where a person is not a third party within the meaning of the Act, the insurance company cannot be made automatically liable.

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1309 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 5825 of 2006…

Accident

Accident—Invalid driving licence—Insurance company is not liable to reimburse the amount of compensation payable by the appellants to the claimant.

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1090 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 1213 of 2007…

Accident

Penal Code, 1860 (IPC) – Section 300 – Murder – Eye-witnesses – Presence on spot – Incident occurred at about 1.30 p.m. on a road in month of June when there was scorching heat

Apr 9, 2017 sclaw

AIR 2003 SC 2098 : (2003) CriLJ 880 : (2003) 1 JT 10 : (2003) 1 SCALE 20 : (2003) 9 SCC 45 : (2003) AIRSCW 98 : (2003)…

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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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