14 September 2020

Search Results for Tag : Accident


Inadvertent fall while boarding running train not a criminal act or self-inflicted injury to deny compensation(06.10.2016)

In instant case, Appellant is aggrieved by Railway Tribunal’s order dismissing Appellants’ claim petition by holding that, death of deceased was not o.....

Tags : Accidental fall, Compensation, Grant


Over Rs.1 crore in compensation to American injured in road accident upheld(08.10.2015)

The Supreme dismissed an appeal against award of damages to an American citizen injured by a Rajasthan roadways bus in 1988. It noted that the already.....

Tags : Motor, compensation, accident, American, dollar


Bona fide of injured person as a railway passenger has to be proved for claiming compensation(09.06.2017)

Claim application was filed by Applicant/injured seeking compensation of Rupees Four Lac for injuries sustained by him in an alleged train untoward in.....

Tags : Accident, Compensation, Bonafide


Mere availability of injured/dead-body in a railway yard does not per-se prove that, dead-body is of a passenger travelling in a train(17.08.2017)

The present claim application has been filed by parents of the deceased under Section 16 of the Railway Claims Tribunal Act, 1989 seeking compensation.....

Tags : Untoward accident, Compensation, Entitlement


A mere plea without supported by any corroborative evidence, has no gravity in the eye of law(14.09.2017)

Case has been preferred before this Tribunal by the wife and sons of the deceased being sole dependants under Section 16 of the Railway Claims Tribuna.....

Tags : Untoward accident, Compensation, Grant


Owner of a vehicle who transfers it to another person is liable to pay compensation in case of an accident unless sale is reflected in Regional Transport Authority (RTA) records(14.12.2018)

Present appeal challenges the judgment passed by the High Court. The Appellant, original owner of a Santro Car sold said vehicle to Saveta Sharma, fir.....

Tags : Compensation, Accident, Liability


Illness of encephalitis malaria through a mosquito bite cannot be considered as an accident(26.03.2019)

The present appeal raises an interesting question of law. The Court is tasked with determining whether a death due to malaria occasioned by a mosquito.....

Tags : Insurance policy, Accident, Mosquito bite


Compensation towards loss of love and affection not to be awarded as a separate head(30.06.2020)

In facts of present case, the deceased was residing in Doha, Qatar since 1984. The deceased was visited India in November, 1998, he was riding a scoot.....

Tags : Accident, Compensation, Determination


While applying the multiplier method, future prospects on advancement in life and career are also to be taken into consideration(27.07.2020)

In present matter, the Appellant was travelling from Chennai to Bangalore in a bus owned by the Respondent State Corporation. While the bus was moving.....

Tags : Accident, Compensation, Entitlement


In a Motor Accident Compensation Claims, compensation for 'loss of consortium' can be awarded to children and parents also(07.09.2020)

Present appeals have been filed by three Insurance Companies, i.e., New India Assurance Company Limited, Cholamandalam MS General Insurance Company Lt.....

Tags : Accident, Compensation, Entitlement


Notifications & Circulars

Shri Ashwini Choubey releases Handbook on Prevention of Accidents and Awareness of First Aid(26.04.2018)

Shri Ashwini Kumar Choubey, Minister of State for Health and Family Welfare released a Handbook on Prevention of Accidents and Awareness of First Aid .....

Tags : Handbook, Release, Prevention, Accidents, Awareness


SOPs to not scare away the Good Samaritan(21.01.2016)

The Ministry of Road Transport and Highways has notified Standard Operating Procedures for the examination of Good Samaritans by the police. The instr.....

Tags : Good Samaritan, road accident, police, stigmatise



Court Slams Compensation of Rs. 12 Lakhs in Motor Vehicle Accident Case(08.02.2016)

A trial court, while ordering a compensation of over Rs 12 lakh for family members of auto-driver, who was killed in road-accident due to rash and neg.....

Tags : Motor Vehicle Accident Case , fake driving licences


Madras HC: Compensation Cheques Must be on Victim’s Name Only(14.03.2016)

Madras HC has directed that motor accident claims courts not to issue cheques in favour of any person other than the victim, or in the name of any 'co.....

Tags : Madras HC , motor accident claims


MACT Awards Rs 30 L Damages to a Man Disabled in Road Mishap(18.05.2016)

Motor Accident Claims Tribunal (MACT) has awarded Rs 30 lakh as compensation to a Delhi resident who got partly disabled in a road accident in 2014.

Tags : Motor Accident Claims Tribunal , compensation


Madras High Court: Accident Compensation Cannot be Subjected to TDS(06.06.2016)

Madras High Court has said that compensation awarded by the Motor Accident Claims Tribunal or the interest accruing therein cannot be subjected to TDS.....

Tags : Madras High Court, Accident, TDS


SC Grants Compensation to February 2011 Rail Accident Victims(05.07.2016)

SC has awarded compensation of Rs 5 lakh each to families of 18 people who were killed in February 2011 in a train accident at Shahajahanpur district .....

Tags : SC, February 2011 Rail Accident


Kerala HC: Govt. Liable to Compensate Injured or Deceased Vehicle Owners(27.09.2016)

Kerala HC has said that Government is liable to compensate for death or injury occurring to a vehicle owner during an accident as road tax is levied b.....

Tags : Kerala HC , Govt. , accident


Bombay HC Asks Government to Increase Compensation for Victims of Rail Accident(17.10.2016)

Bombay HC has said that Government must enhance the compensation paid to victims of rail accidents to ensure that the amount marches with time.

Tags : Bombay HC, compensation, rail accidents


NHRC Notices TN Government over Death of Three Girls in Road Mishap(17.10.2016)

National Human Rights Commission (NHRC) has issued notice to Tamil Nadu government over reported death of three college girls in a road accident invol.....

Tags : National Human Rights Commission, road accident


Delhi HC Nods for Free Care for Accident Victim(23.10.2015)

Delhi HC on plea of road accident victim's wife, seeking free treatment from government hospital of her husband, has directed Maharaja Agrasen Hospita.....

Tags : Delhi HC , Accident Victim


Supreme Court: Claim Compensation Before MACT Within Reasonable Time(06.03.2017)

Supreme Court has observed that though there is no limitation period to raise a claim for compensation before a Motor Accident Claims Tribunal (MACT),.....

Tags : Supreme Court, MACT, Motor Accident


Bombay High Court Enhances Motor Accident Compensation Amount After 21 Years(16.03.2017)

Bombay High Court has increased amount of compensation awarded by Motor Accidents Claim Tribunal (MACT) 21 years ago against State Government and othe.....

Tags : Bombay High Court , Motor Accident Compensation


Madras HC Directs Motor Accident Claims Tribunals to Release 450 Buses(24.10.2016)

Madras High Court has directed Motor Accident Claims Tribunals in State to release all 450 TNSTC buses, attached for want of payment to claimants invo.....

Tags : Madras High Court, Motor Accident Claims Tribunals


Bombay HC Issues Guidelines for Claims Settlement Under Motor Vehicles Act(22.12.2016)

Bombay High Court has issued several guidelines regarding disposal of claims for accidents under Motor Vehicles Act by Motor Accident Tribunals in Sta.....

Tags : Bombay High Court, claims, accidents, Motor Vehicles Act


Madras HC Doubles Compensation For Death of Medical Student in Road Accident(17.01.2017)

Madras High Court has increased compensation awarded by a Motor Accident Claims Tribunal to parents of a second year MBBS student who died after being.....

Tags : Madras High Court, Motor Accident Claims Tribunal, Road Accident, Medical Student


Proceedings Before Motor Accident Cases Tribunal Are Inquisitorial In Nature: Calcutta HC(16.05.2018)

Calcutta High Court has held that proceedings before the Motor Accident Cases Tribunal are inquisitorial in nature.

Tags : Calcutta High Court, Motor Accident


Centre Amends Motor Accident Compensation Scale Under No-Fault Liability(24.05.2018)

Central Government has issued a notification to amend the compensation scales for motor accident claims under Second Schedule of the Motor Vehicles Ac.....

Tags : Motor Accident Compensation


Christian Religious Society Can Claim Motor Accident Compensation for Death of a Nun: Madras HC(04.06.2018)

Madras High Court has allowed a Christian religious organization to claim compensation for the death of a nun who died in a road accident after being .....

Tags : Madras High Court, Motor Accident


Madras High Court: Owners Should Buy Cover for Vehicle's Lifetime(06.07.2018)

Madras High Court has observed that Centre should amend the Motor Vehicles Act to make it mandatory for every vehicle to purchase comprehensive insura.....

Tags : Madras High Court, Motor Accident


Academic Qualification Can’t Be the Sole Criteria to Determine Merits of Person: Tripura HC(02.08.2018)

Tripura High Court has observed that academic qualification cannot be the sole criteria to determine merits of a person and there should not be any di.....

Tags : Tripura High Court, Accident


Supreme Court: Doctrine of “Pay And Recover” in Motor Accident Claim Cases Still Holds the Field(09.08.2018)

Supreme Court has held that doctrine of “pay and recover” in motor accident claim cases still holds the field.

Tags : Supreme Court, Motor Accident


Bombay HC Directs Payment of Over Rs. 4.5 Cr to Family of Person who Died in Road Accident(07.12.2018)

Bombay High Court has directed New India Assurance (NIA) to pay a sum of Rs 4.56 crore as compensation to the family of deceased Ravindra Kulkarni, wh.....

Tags : Bombay High Court, New India Assurance, Road Accident


Vehicle Owner Liable for Accident Even if Occurred Within 30 Days Period of Reporting Transfer: SC(17.12.2018)

Supreme Court held that, if an accident occurs within the period prescribed for reporting transfer of a vehicle, the transferor is not absolved of the.....

Tags : Supreme Court, Vehicle Owner Liable for Accident


Original Owner Liable to Pay Accident Victim: Supreme Court(21.12.2018)

Supreme Court has ruled that the owner of a vehicle who transfers it to another person is also liable to pay compensation in case of an accident unles.....

Tags : Supreme Court, Accident Victim


Delhi HC Rejects Plea Against Trailer of "The Accidental Prime Minister"(08.01.2019)

Delhi High Court has refused to entertain a plea seeking to suspend trailer of upcoming movie "The Accidental Prime Minister" and asked petitioner to .....

Tags : Delhi High Court, The Accidental Prime Minister


MOTOR VEHICLES - SC Asks Govt to Consider Setting Up Mediation Authority for Disposal Of Motor Accident Claims(06.03.2019)

Supreme Court has recommended to Government to examine feasibility of setting up mediation authority for motor accident claims by making necessary am.....

Tags : Supreme Court, Motor Accident Claims, Mediation Centre


MOTOR VEHICLES - SC Asks Govt to Consider Setting Up Mediation Authority for Disposal of Motor Accident Claims(06.03.2019)

Supreme Court has recommended to Government to examine feasibility of setting up mediation authority for motor accident claims by making necessary ame.....

Tags : Supreme Court, Motor Accident Claims, Mediation Centre


Supreme Court Issues Guidelines on Fixation of Future Prospects for Deciding Motor Accident Claims(01.11.2017)

Supreme Court has issued guidelines on fixation of future prospects for deciding compensation in motor accident claims. The Court observed that S. 168.....

Tags : Supreme Court, Motor Accident


Supreme Court Sets Guidelines to Curb Road Accidents(01.12.2017)

Supreme Court has issued a set of guidelines to tackle rising accidents, including addition of a chapter on road safety in school curriculum and audit.....

Tags : Supreme Court, Road Accidents


Madras High Court: Amend Motor Vehicle Accident Rules(14.09.2017)

Madras High Court has directed State Government to amend TN Motor Vehicle Accident Rules, 1989, in line with the newly developed online Detailed Accid.....

Tags : Madras High Court, Motor Vehicle Accident Rules


MOTOR VEHICLES - No Limits on Compensation for Accident Death: Madras HC(18.03.2019)

Madras High Court has made it clear that utilizing multiple options to get compensation for death of a person in a motor accident, by their family, pa.....

Tags : Madras High Court, Compensation for Accident Deth


INSURANCE - SC: Disease Caused due to Insect Bite in the Natural Course of Events Not Covered Under 'Accident'(27.03.2019)

Supreme Court has observed that where a disease is caused or transmitted by insect bite/virus in the natural course of events, it would not be covered.....

Tags : Supreme Court, ‘accident’ insurance policy


SC: Multiplier for Age Group 15-25 Years in Motor Accident Compensation is 18(04.08.2020)

Supreme Court has reiterated that while computing Motor Accident Compensation, for the age group of 15-25 years, the multiplier has to be '18'.

Tags : Supreme Court, Motor Accident Compensation


Delhi HC Stays Payment of Compensation to Family of Youth Who Rammed Bike into Barricades(10.09.2020)

Delhi High Court has put on hold payment of Rs 75 Lakhs compensation to the family of a youth who rammed his bike into chained barricades and is curre.....

Tags : Delhi High Court, Compensation to Accident Victim


Deceased Bachelor's Age to be Considered for Calculating 'Multiplier' in Accident Claim : SC(10.04.2019)

Supreme Court has held that, in the case of a motor accident where there is death of a person, who is a bachelor, it is the age of deceased which shou.....

Tags : Supreme Court, Motor Accident, Multiplier


Accident While Returning to Join Duty Should be Construed as Accident on Duty: Delhi HC(16.04.2019)

Delhi High Court has held that an accident while returning to join duty should be construed as an accident while on duty.

Tags : Delhi High Court, Accident, Duty


Delhi HC Asks CBDT to Consider No Tax on Accident Claims(17.04.2019)

Delhi High Court has asked Central Board of Direct Taxation (CBDT) to consider tweaking practice of claiming tax on interest accrued upon compensation.....

Tags : Delhi High Court, Motor Accident Claims


Punjab and Haryana High Court: Accident Survivor to Get Damages of Rs 23 Lakh 22 Years Later(23.05.2019)

Punjab and Haryana High Court has enhanced the compensation awarded to the lone survivor from Rs 9 lakh to Rs 23 lakh, twenty-two years and six months.....

Tags : Punjab and Haryana High Court, Accident


Karnataka High Court: Age of Accident Victim Important While Deciding Compensation(10.06.2019)

Karnataka High Court while calculating loss of dependency to decide about compensation in motor accident cases, the age of the deceased accident victi.....

Tags : Karnataka High Court, Accident


Bombay HC Enhances Compensation in Accident That Killed 10-Yr-Old Girl(04.11.2019)

Bombay High Court has enhanced compensation granted to kin of victims, a 10-year-old girl and her mother, who died in an accident 29 year ago after a .....

Tags : Bombay High Court, accidental compensation


Supreme Court: Violation of Law by Itself Cannot Lead to Finding of Contributory Negligence(15.01.2020)

Supreme Court has held that a violation of law by itself, without anything more, cannot lead to a finding of contributory negligence while considering.....

Tags : Supreme Court, Contributory Negligence, Motor Accident Cases


Supreme Court Gives Rs 1 Crore to Accident Victim(06.02.2020)

Supreme Court has come to the rescue of a 12 year old girl who met with an accident a decade ago which led to 100 percent physical disability and left.....

Tags : Supreme Court, Accident Victim



Aircraft (Investigation of Accidents and Incidents) Amendment Rules, 2015(27.09.2015)

The Ministry of Civil Aviation has notified Rules to amend the Aircraft (Investigation of Accidents and Incidents) Rules, 2012, pertaining to investig.....

Tags : Aircraft, investigation, database, accident, 2015


International Cases

When driving in city, one must anticipate that pedestrians will cross road, if they see a gap in the traffic(02.12.2016)

Present action arises out of a road traffic accident which occurred at the junction of Merrion Row and Merrion Street Upper in the city of Dublin. Whi.....

Tags : Accident, Causation, Contributory negligence


A person who cannot be identified, cannot be sued under a pseudonym or description, unless circumstances are such that, service of claim form can be effected or properly dispensed with(20.02.2019)

The question at issue on present appeal is in what circumstances, is it permissible to sue an unnamed Defendant. On 26 May 2013, Ms Bianca Cameron was.....

Tags : Accident, Compensation, Liability


Test whether a vehicle is designed for use on a road is objective(22.06.2020)

Mr Simphiwe Robert Makutoana (the deceased) was a pedestrian at the Multipurpose Terminal, Cape Town Harbour, when a large industrial vehicle Reach St.....

Tags : Accident claim, Compensation, Nature, Vehicle