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Motor Vehicles Act 1988

Meena Pawaia v. Ashraf Ali

Motor Accident Claims – Merely because in the execution proceedings the claimants might have accepted the amount as awarded by the Court, may be as full and final settlement, it shall not take away the right of the claimants to claim just compensation and shall not preclude them from claiming the enhanced amount of compensation which they as such are held to be entitled to. 

National Insurance Co. Ltd. v. Shyam Sunder Chawla

Motor Vehicles Act, 1988 – S. 166 – the claim petition was for total sum of Rs.95,00,000/-. Instead of making the minute calculation undertaken by the High Court, it is just and proper to award a sum of Rs.95,00,000/- as total compensation. There is no question of deduction of any amount out of this total amount of compensation of Rs.95,00,000/-. AIR 2021 SC 3792

Motor Vehicles Act, 1988 – Section 173 – Appeals – Powers of Appellate Court

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Motor Vehicles Act, 1988 – Section 173 – Appeals – Where an appeal is filed challenging the quantum of compensation, irrespective of who files the appeal, the appropriate course for the High Court is to examine the facts and by applying the relevant principles, determine the just compensation. If the compensation determined by it is higher than the compensation awarded by the Tribunal, the High Court will allow the appeal, if it is by the claimants and dismiss the appeal, if it is by the owner/insurer. Similarly, if the compensation determined by the High Court is lesser than the compensation awarded by the Tribunal, the High Court will dismiss any appeal by the claimants for enhancement, but allow any appeal by owner/insurer for reduction. The High Court cannot obviously increase the compensation in an appeal by owner/insurer for reducing the compensation, nor can it reduce the compensation in an appeal by the claimants seeking enhancement of compensation.Read More »Motor Vehicles Act, 1988 – Section 173 – Appeals – Powers of Appellate Court

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