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The Court held that although the expression “arising out of” receives a broad interpretation and compensation proceedings are governed by the standard of preponderance of probabilities, the existence of some link whatsoever between the car, and the death had to be established.
The Court Enhanced the Motor Accident Compensation from ₹15 Lakhs to ₹30 Lakhs.
In the case at hand, a 25-year-old fish vendor sustained grievous injuries after a car driven at a high speed and in a rash and negligent manner collided with his motorcycle.
“While the loss of leg cannot be compensated, the appellant could be paid pecuniary compensation towards the purchase of the prosthetic leg and its repairs. It would tend to do justice.”
In Absence of Income Proof, Minimum Wages Act Governs Notional Income in Motor Accident Claims: Andhra Pradesh HC Enhances Compensation from ₹12.4 lakh to ₹16.92 Lakh
The Court allowed the motor accidents appeal and enhanced the compensation in a motor accident claim, by awarding 40 per cent additional income towards future prospects and ₹40000 to each claimant under the head of loss of consortium.
The Court recognised that it would be unrealistic to expect a constant vigil over every tree and shrub within city limits. Likewise, although it may be conceivable that an old branch might eventually give way, public authorities cannot be expected to cut every branch merely because such a possibility exists.
The Court created a new compensatory head for the homemaker’s contribution towards smooth functioning of the household, the loss of maternal support for children and loss of spousal support/the support and care of their child who is an adult, for the parents of the deceased.
“The huge pendency in the High Court results in these appeals being disposed of after at least 8 to 10 years from the date of filing, and this again results in severe prejudice to the claimants.”
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“Just as it is true that, academically excellent student may or may not earn well, it is also equally true that academically average or even below-average student may earn very well in practice or profession.”
MoRTH has notified the Hit and Run Motor Accidents Amendment Scheme enhancing digital processing, revising forms, and simplifying claims for victims and families.
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The Court directed the Regional Transport Officer and Deputy Commissioner of Police (Traffic) to immediately act against those vehicles who were violating the notice/circular dated 01-03-2025.
“Nuisance on the roads not only puts the life of such people in danger but also the life of the other people passing through the said roads.”
The minor was arrested for allegedly killing two individuals in a hit-and-run case under the influence of alcohol.
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The Supreme Court had directed High Courts to frame rules of procedure or issue practice directions for ensuring that material details are disclosed while filing claim applications under Section 166(1) of the MV Act.
“These directions shall continue to bind the Motor Accidents Claims Tribunal and the Commissioners under the Workmen’s Compensation Act, 1923 till rule-making power is properly exercised by the Government”.