motor vehicle Archives

Explained| Why Supreme Court upheld the constitutionality of the Kerala MV Taxation (Amendment) Act, 2005, & the Kerala Motor Transport Workers' Welfare Fund (Amendment) Act, 2005

Supreme Court: In a case raising questions on the Constitutional validity of sub-sections (7) and (8) of Section 4 [introduced

Case Briefs High Courts

[MV Act] Bombay High Court | Obligatory for Court and Tribunal to award ‘just compensation’ even if it is in excess of the amount claimed

Bombay High Court : In an appeal filed against the judgment and award dated 20-11-2009 passed by the Motor Accident

Case Briefs High Courts

Calcutta High Court | ACP, Traffic Department does not have the power to suspend the licence; directions issued to release driving licence

Calcutta High Court: Moushumi Bhattacharya, J. took cognizance of a petition which was filed praying for quashing an order passed by the

Case Briefs High Courts

Bom HC │Whether the compensation granted under chapter X of Motor Vehicle Act forfeits the right of the employee to claim compensation under S. 3 of the Employees Compensation Act?

Bombay High Court: S.G. Mehare, J. allowed an appeal against the order passed by the Commissioner for Workmen’s Compensation and Judge Labour

Case Briefs High Courts

[ID Act] Kar HC | Labour Court has no jurisdiction to first decide the workmen’s entitlement and then proceed to compute the benefit so adjudicated; Labour Court’s power like that of the Executing Court’s power

Karnataka High Court: K.S. Mudagal, J., allowed the petition and set aside the impugned award awarding compensation as well as the silver

Case Briefs

Raj HC | No place other than the place earmarked for bus-stand is allowed for standing buses and picking /dropping passengers; Buses to be seized under MV Act

Rajasthan High Court: A Division Bench of Manindra Mohan Srivastava, CJ and Madan Gopal Vyas, J., dismissed the petition and directed the

High Court Round Up Legal RoundUp

82 Reports from 21 High Courts: Hijab Row, Uphaar Case, Child Custody Battles, Drug Menace and more | February RoundUp 2022

82 reports on High Court Judgments to read from February 2022. Allahabad High Court Bail 22-year-old woman, burnt and buried due to

Case Briefs High Courts

Raj HC | Money cannot substitute a life lost but an effort has to be made for grant of just compensation having uniformity in approach; Court observes in a MV accident case demanding higher compensation

Rajasthan High Court: Birendra Kumar J. allowed the appeal and enhanced the award considering the settled guidelines in the subsequent judgments to

Case Briefs High Courts

“If relief is not moulded by awarding higher compensation, we will be failing in our duty”; Kar HC discussed compensation vis a vis permanent sexual disability in motor accident cases

Karnataka High Court: A Division Bench of S.G Pandit and Anant Ramanath Hegde, JJ. allowed the appeal and modified the impugned order

Case Briefs High Courts

J&K and Ladakh HC | Mandatory Vehicle Location Tracker and insertion of Panic button; HC directs government to ensure effective implementation of Rule 125-H of MV Rules

Jammu & Kashmir and Ladakh High Court: The Division Bench comprising of Dhiraj Singh Thakur and Mohan Lal, JJ., directed the Union

Case Briefs Supreme Court

‘Motor Vehicle Appellate Tribunals’ may soon be a reality? Read SC’s suggestion to Ministry of Law and Justice

Supreme Court: With an aim to curtail the pendency before the High Courts and for speedy disposal of the appeals concerning payment

Case Briefs Supreme Court

MV Act| Tribunals, Courts must recognize actual needs; award just compensation to help restore dignity of claimant with permanent disability: SC

Supreme Court: Reminding the Courts that the Motor Vehicles Act is in the nature of social welfare legislation and its provisions make

Case Briefs High Courts

[MV Act] Kar HC| When there is breach of policy condition and the policy is in force at the time of accident, “Pay and Recover” principle to be applied

Karnataka High Court: Ashok S. Kinagi J., allowed the appeal and applied the pay and recover principle fastening the liability on the

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | If a car is stolen while being insured but temporary registration of car expires, can Insurance company escape from its liability of indemnifying loss? Commission decides

National Consumer Disputes Redressal Commission (NCDRC): C. Vishwanath (Presiding Member), held that since the Insurance Company itself insured the complainant’s vehicle and the

Case Briefs High Courts

Chh HC | S. 66 MV Act necessitates ‘permit’ for a passenger carrying commercial vehicle to make insurance company liable for compensation; Appeal partly allowed

Chattisgarh High Court: A Division Bench of P. R. Ramchandra Menon and Parth Prateem Sahu JJ., allowed the appeal partly and modified

Case Briefs Supreme Court

No relief to Skoda Volkswagen as SC refuses to quash FIR over alleged use of cheat devices

“The law is well settled that Courts would not thwart any investigation.”

Case Briefs High Courts

All HC | Is reservation of registration numbers an exception to general rule of assignment of registration numbers? Law explained in light of MV Act provisions

Allahabad High Court: The Division Bench of Surya Prakash Kesarwani and Dr Yogendra Kumar Srivastava, JJ., while addressing the matter with regard

Case Briefs High Courts

[MV Act] Kar HC | Will the insurance company be liable for compensation if the vehicle was insured as ‘private vehicle’ but plyed on ‘hire’ at the time of accident? HC decides

Karnataka High Court: Hemant Chandangoudar J., dismissed the appeal and upheld the impugned award and judgment regarding compensation. The facts of the

Case Briefs Supreme Court

SC asks Centre to set up Motor Accidents Mediation Authority if feasible

Supreme Court: When a practicing advocate, had suffered in nasty accident at the young age of 18 years, in which his entire

Case Briefs Supreme Court

Future income of salaried or self-employed person to be considered while computing compensation under MV Act

Supreme Court: In reference relating to the computation of compensation under Sections 163-A and 166 of the Motor Vehicles Act, 1988 (MV