Court : Supreme Court of India
Reported in : I(2004)ACC728; 2002ACJ1158; AIR2004SC2107; 2004(3)ALD81(SC); 2004(5)ALLMR(SC)674; 2004(5)ALT11(SC); 2004(2)AWC2011(SC); [2004]120CompCas292(SC); 110(2004)DLT523(SC); 2004(7
..... whom compensation shall be paid and in making the award the claims tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be.provided that where such application makes a claim for compensation under section 140 in respect of the death or permanent disablement ..... intended to provide for adjustment or refund of the compensation payable on the basis of no-fault liability, as for example, sections 140 and 161 in case of hit and run motor accident, for the amount of compensation payable under the award on the basis of fault liability under section 168 of the act, the same has expressly been provided for and having ..... compensation, on the basis of - (i) first information report;(ii) injury certificate of post-mortem report in case of death;(iii) registration certificate of the motor vehicle involved in the accident;(iv) cover note, certificate of insurance or the policy, relating to the insurance of the vehicle against third party risks;(v) the nature of the treatment given by the medical ..... have incurred towards maintaining himself, general damages in case of death as also in the case of injuries and disabilities as also the disability in non-fatal accidents, a notional income for compensation to those who had no income prior to accident are provided for, are required to be considered which is also a clear pointer to the fact that thereby the parliament intended to provide for a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010ACJ455; 2010(2)ALT1(SC); 2010(1)AWC636(SC); 2010(1)SCALE8; (2010)2SCC607
..... report, forward the same to such claims tribunal and insurer.sub-section (4) of section 166 of the act reads thus:the claims tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under this act.rule 150 of central motor vehicle rules, 1989 prescribes the form (no. ..... in cases of death, where the liability of the insurer is not disputed, the insurance companies should, without waiting for the decision of the motor accidents claims tribunal or a settlement before the lok adalat, endeavour to pay to the family (legal representatives) of the deceased, compensation as per the standard ..... payment of compensation without delay will help them to sustain themselves and pick up the threads to live with dignity.4.1) most of the accident victims (who are injured) are not able to access quality medical treatment for want of funds, as their earning capacity is either permanently lost or is ..... the registrar general of each high court is directed to instruct all claims tribunals in his state to register the reports of accidents received under section 158(6) of the act as applications for compensation under section 166(4) of the act and deal with them without waiting for the filing of claim applications by ..... continue with the present system of third party insurance with two changes:(i) define 'third party' - to cover any accident victim (that is any third party, other than the owner) and increasing the premia, if necessary. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2001)ACC453; 2001ACJ721; AIR2001SC1333; JT2001(3)SC457; 2001(2)KLT12(SC); (2001)3MLJ1(SC); 2001(2)SCALE432; (2001)3SCC714; [2001]2SCR365; 2001(2)LC1053(SC)
..... of the division bench of the high court of kerala for reaching the conclusion that appellant is not entitled to the amount indicated in the rules as they stand now on account of the fact that the accident happened prior to 1.11.1997, considered among other things the effect of section 126 of the act. ..... -judge bench of this court held thus: 'the employer therefore became liable to pay the compensation as soon as the aforesaid personal injury was caused to the workman by the accident which admittedly arose out of and in the course of the employment. ..... what the legislature wanted was that the victim of the accident must be paid compensation and the amount must represent a reality which means the amount should be fair and ..... person sustained injury as described in rules 3(2) of the rules, in an accident in a train on 31.10.1997, and another person sustains the same kind of injury in another accident in a train the next day i.e. ..... is clear that the liability to pay compensation is to the extent prescribed under the rules in force at the time of the accident or the untoward incident, as the case may be.'22. ..... of section 124 and 124a also would clearly show that the liability of the railway administration to pay compensation arises as soon as the accident or untoward incident, as the case may be, happens. ..... bench thereafter concluded thus: 'the wording of sub-section (2) of section 126 would show that the liability is saddled as soon as the accident happens, not when the quantum is determined. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2007)ACC356; 2007ACJ825; AIR2007SC1243; 2007(2)ALD122(SC); 2007(1)CTC523; [2007(2)JCR41(SC)]; JT2007(2)SC353; 2007(4)MhLj411; (2007)2MLJ1173(SC); 2007(2)SCALE227; (2007)3
..... there were two methods adopted to determine and for calculation of compensation in fatal accident actions, the first the multiplier mentioned in davies case (supra) and the second in nance v. ..... the mact on consideration of the evidence brought on record dismissed the claim petition on the ground that the accident took place on account of negligence of the deceased. ..... assessment of damages under the fatal accident act, 1976 - the courts have evolved a method for calculating the amount of pecuniary benefit that dependants could reasonably expect to have received from the deceased in the future. ..... before the high court the claimants had questioned the judgment passed by the motor accident claims tribunal/addl. ..... in a fatal accident action, the accepted measure of damages awarded to the dependants is the pecuniary loss suffered by them as a result of the death. ..... in the accident the deceased sustained grievous injuries and he was taken to the base hospital, haldwani from where he was referred to bareilly for better treatment. ..... he was about 33 years of age at the time of accident. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : III(2006)ACC361; 2006ACJ2114; AIR2006SC2688; 2006(4)AWC3170(SC); [2006(4)JCR42(SC)]; JT2006(6)SC327; RLW2006(4)SC3176; 2006(7)SCALE92; (2006)6SCC249
..... there were two methods adopted to determine and for calculation of compensation in fatal accident actions, the first the multiplier mentioned in davies case (supra) and the second in nance v. ..... challenge in this appeal is to the judgment of a division bench of the allahabad high court which dismissed the first appeal filed by the appellant against the award passed by a motor accident claims tribunal (xii additional district judge, meerut) (in short the 'tribunal'.)2. ..... assessment of damages under the fatal accident act, 1976 - the courts have evolved a method for calculating the amount of pecuniary benefit that dependants could reasonably expect to have received from the deceased in the future. ..... the accident took place on 29.11.1990. ..... in a fatal accident action, the accepted measure of damages awarded to the dependants is the pecuniary loss suffered by them as a result of the death. ..... one rajveer singh (hereinafter referred to as the 'deceased') died in a motor accident on 29.11.1990. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2005)ACC350; 2006ACJ423; AIR2005SC4425; 2006(1)ALT11(SC); 2006(1)AWC19(SC); [2006(1)JCR45(SC)]; JT2005(10)SC501; (2006)142PLR224; (2005)8SCC473
..... challenge in this appeal is to the judgment rendered by a division bench of the kerala high court affirming the award made by the motor accident claims tribunal, neyyattinkara (in short the 'tribunal'), disposing of an application filed under section 166 of the motor vehicles act, 1988 (in short the 'act').3 ..... thus 'except where there is express statutory direction to the contrary, the damages to be awarded to a dependant of a deceased person under the fatal accidents acts must take into account any pecuniary benefit accruing to that dependant in consequence of the death of the deceased. ..... there were two methods adopted to determine and for calculation of compensation in fatal accident actions, the first the multiplier mentioned in davies case (supra) and the second in nance v ..... great changes were brought about by the fatal accidents act 1846 (now fatal accidents act 1976) and the law reforms (miscellaneous provisions) act ..... consideration of the claimant's case relating to the accident, high court felt that there was no. ..... assessment of damages under the fatal accident act, 1976 - the courts have evolved a method for calculating the amount of pecuniary benefit that dependants could reasonably expect to have received from the deceased in the ..... in a fatal accident action, the accepted measure of damages awarded to the dependants is the pecuniary loss suffered by them as a result of the ..... was no definite material to infer that deceased by his negligent acts contributed to the accident.6. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(2007)ACC50; 2007ACJ1076; 2007(4)CTC251; (2007)4MLJ604(SC); 2007(4)SCALE222
..... there were two methods adopted to determine and for calculation of compensation in fatal accident actions, the first the multiplier mentioned in davies case (supra) and the second in nance v. ..... the widow of the deceased, his minor daughter and his parents filed a claim petition before the motor accidents claims tribunal, maylladutturai, (hereinafter referred to as the tribunal') claiming compensation of rs. ..... assessment of damages under the fatal accident act, 1976 - the courts have evolved a method for calculating the amount of pecuniary benefit that dependants could reasonably expect to have received from the deceased in the. ..... the appellant-corporation took the stand that the accident was purely an act of god. ..... the vehicle met with an accident, the driver of the bus tried to avoid collision with a lorry, dashed against the bridge. ..... in a fatal accident action, the accepted measure of damages awarded to the dependants is the pecuniary loss suffered by them as a result of the death. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009ACJ1097; JT2009(4)SC315; (2009)154PLR508; RLW2009(2)SC1003; 2009(2)SCALE215; (2009)3SCC705:2009AIRSCW16112009(1)LHSC609:2009(3)KCCR1533:2009ACJ1097.
..... the stand taken by the insurer was that the accident took place only due to the negligence of the deceased and there was no negligence on the part of the driver. ..... challenge in this appeal is to the judgment of a division bench of the kerala high court dismissing the appeal filed by the appellant questioning correctness of the award passed by the motor accident claims tribunal, paravur (in short the `mact').3. ..... assessment of damages under the fatal accident act, 1976 - the courts have evolved a method for calculating the amount of pecuniary benefit that dependants could reasonably expect to have received from the deceased in the future. ..... there were two methods adopted to determine and for calculation of compensation in fatal accident actions. ..... background facts in a nutshell are as follows:one anil lost his life in a vehicular accident on 17.6.1999. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009ACJ1257; AIR2009SC2146; 2009(2)AWC1507(SC); JT2009(4)SC480; (2009)4SCC377
..... assessment of damages under the fatal accident act, 1976 - the courts have evolved a method for calculating the amount of pecuniary benefit that dependants could reasonably expect to have received from the deceased in the future. ..... when the scooter was trying to overtake the truck it lost control and the accident occurred due to negligence of the claimant. ..... it is stated that the deceased was aged 43 years at the time of the accident and was a hawker and earning rs. ..... appeal was filed before the high court in terms of section 173 of the motor vehicles act, 1988 (in short the 'act') seeking enhancement of the compensation as fixed by learned 1st additional district judge-cum-motor accident claims tribunal, haridwar. ..... there were two methods adopted to determine and for calculation of compensation in fatal accident actions. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2696; 2007(5)ALD76(SC); 2007(4)AWC3371(SC); (2008)1GLR521(SC); 2008(3)JKJ48[SC]; 2007(3)KLT547(SC); (2007)5MLJ1290(SC); (2008)149PLR588; 2007(9)SCALE165
..... new cases involving injury/death under the motor vehicles act, 1988 are reported every year;26.3 claims under the motor vehicles act, 1988 are reported after about 7 months from the date of accident;26.4 delay in reporting the claim promotes exaggeration and frauds;26.5 delay in reporting the claim makes investigation and fact verification extremely difficult;26.6 adjudication of cases take about 3 to 5 years.26.7 petitioners insurance companies suffer ..... sub-section (6) of section 158 mandates the police officer to forward a copy of the report to the claims tribunal having jurisdiction and to the concerned insurance company 'as soon as any information regarding any accident involving death or bodily injury is recorded or a report under section 158 is completed by the police officer.'8. ..... section 158(6) of the act reads as under:158(6): as soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer-in-charge of the police station shall forward a copy of the same within ..... learned counsel that a large number of cases alleging sufficient injuries are being filed long after the accidents and this is adding to the pendency of the claims petitions. ..... compensation under section 160, shall furnish the information in form 54, within seven days from the date of receipt of the request and on payment of a fee of rupees ten.form 54[rule 150(1) and (2)]accident infromation report1. .....
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