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Supreme Court

Supreme Court Allows Appeal of Injured Claimant in Motor Accident Case — Restores 100% Functional Disability for Loss of Earning Capacity Due to Amputation. Amputation of right lower limb renders gunman permanently unfit for duty, warranting full compensation for loss of earning capacity under Motor Vehicles Act, 1988.

25 Aug 2023

The appellant, Sarnam Singh, met with a motor accident on 24.11.2013 involving a tempo, resulting in severe injuries leading to amputation of his righ...

Supreme Court

Supreme Court Allows Complainant in Insurance Claim Dispute by Reinstating State Commission Award - Reinstatement Value Payable Over Depreciated Value Under Fire Insurance Policy. Interpretation of Clause 9 of Section 2 of Standard Fire and Special Perils Policy Requires Payment of Reinstatement Value When Insurance Company Unable to Reinstate, as Assessed by Surveyor, Resolving Ambiguity in Favor of Insured.

13 Jan 2023

The dispute arose from a fire insurance claim under a Standard Fire and Special Perils Policy obtained by the complainant, with a sum insured initiall...

Supreme Court

Supreme Court Allows Claimants' Appeal in Workmen Compensation Case — Deputy Labour Commissioner Has Jurisdiction Over Contested Claims Under Workmen's Compensation Act, 1923. High Court Erred in Holding Contested Dispute as Coram-non-judice Before Commissioner.

1 Jan 2023

The appellants, being the wife, son, and parents of late Sri Vakil Choudhary, filed a claim petition under the Workmen's Compensation Act, 1923, befor...

Supreme Court

Supreme Court Restores Tribunal's Compensation in Motor Accident Case — Emphasizes Liberal Approach to Evidence in Claim Proceedings. Standard of Proof in MACT Cases is Preponderance of Probabilities, Not Beyond Reasonable Doubt; Salary Certificates and Pay Slips Are Admissible Even Without Examining Issuer.

9 Dec 2022

The appeals arose from a motor accident on 29.10.2013 when the deceased, Ghasita Ram, a driver employed with PNC Infratech Ltd., was returning home on...

Supreme Court

Supreme Court Dismisses Insurance Company's Appeal in Motor Accident Compensation Case, Upholding High Court's Enhanced Award. The Court affirmed that evidence recorded before the Tribunal prevails over contradictory FIR contents in negligence determination and that compensation assessment based on Form-16 income evidence with proper application of future prospects and multiplier is legally sound under the Motor Vehicles Act, 1988.

1 Oct 2021

The Supreme Court heard an appeal by National Insurance Company Ltd. challenging the Madras High Court's judgment that enhanced compensation in a moto...

Supreme Court

Supreme Court Modifies Compensation in Motor Accident Claim for Self-Employed Deceased by Applying Proper Future Prospects and Deduction Standards. The Court applied National Insurance Co. Ltd. v. Pranay Sethi to award 40% future prospects and one-third deduction for personal expenses under Sections 166 and 140 of the Motor Vehicles Act, 1988, recalculating compensation from Rs. 21,66,000 to Rs. 38,24,890.

7 May 2021

The Supreme Court heard a civil appeal arising from a motor accident claim where the appellants sought compensation for the death of their mother in a...

Supreme Court

Supreme Court Allows Appeal by Dependents in Motor Accident Compensation Case — High Court's Factually Erroneous Findings Set Aside. Income Tax Return Filed Before Death Must Be Considered; Future Prospects and Conventional Heads Awarded as Per Pranay Sethi.

16 Jun 2020

The present civil appeal was filed by the dependents of Harish Singh Arya, who died at age 35 in a motor vehicle accident on 18.06.2007. The deceased ...

Supreme Court

Supreme Court Restores Tribunal's Compensation Award in Motor Accident Claim — Future Prospects at 30% for Deceased Aged 50 Years 3 Months in 40-50 Age Group. The Court held that future prospects should be based on age group, not exact age, and restored the Tribunal's award of Rs.65,60,347.20 under Section 166 of the Motor Vehicles Act, 1988.

12 Jun 2020

The case arises from a motor accident claim filed by the dependents of S.T. Devaraju, who died in a car accident on 16.07.2012. The deceased was a Com...

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