ACCIDENT
F.I.R.—Delay in lodging—Involvement of vehicle—Death of motorcyclist in accident with a transport vehicle—Tribunal relying on deposition of eyewitness awarded Rs. 46,29,152 against insurance company of offending transport vehicle—High Court set aside Tribunal’s award doubting involvement of offending vehicle on the grounds that (i) F.I.R. was lodged 3 months after the accident; and (ii) deposition of eyewitness was unreliable as he ... Read more.

EMPLOYEE’S COMPENSATION ACT, 1923
Section 3 and Employees’ State Insurance Act, 1948, section 51-E—Interpretation of statutes—Arising out of and in the course of employment—Whether interpretation of phrase ‘accident arising out of and in the course of employment’ under section 51-E of ESI Act applies to section 3 of EC Act to include accidents occurring to employees while commuting to the place of work and vice versa—Held: yes; ... Read more.

EMPLOYEE’S COMPENSATION ACT, 1923
Section 3 (1)—Arising out of and in the course of employment—Notional extension—Employee working as a night watchman in a sugar factory with duty hours from 3 a.m. to 11 a.m. died in motor accident 5 kms from the factory while proceeding to work—Commissioner held that watchman died in the course of employment and awarded compensation—High Court considering that watchman was on his way to the factory held that ... Read more.

EMPLOYEES’ STATE INSURANCE ACT, 1948
Section 51-E—Interpretation of statutes—Section 51-E provides that accidents while commuting to the place of work and vice versa shall be ‘deemed to have arisen out of and in the course of employment’ if nexus is established—Whether word ‘deemed’ in section 51-E is employed to put a particular construction beyond doubt—Held: yes; it is not in the context of legal fiction. ... Read more.

EMPLOYEES’ STATE INSURANCE ACT, 1948
Section 51-E [as inserted on 1.6.2010]—Retrospective application—Section 51-E provides that accidents while commuting to the place of work and vice versa shall be deemed to arise out of and in the course of employment if nexus is established—Whether section 51-E has retrospective effect to cover accidents occurring prior to its introduction—Held: yes; section 51-E is clarificatory and declaratory in nature enacted ... Read more.

EVIDENCE
Documentary evidence—Appreciation of—Deceased employed in Kuwait as AC pipe mechanic/fitter earning 130 Kuwaiti dinars (Rs. 25,000) per month—Tribunal disbelieved salary certificate for want of proof by its author and fixed income at Rs. 6,000 p.m.—High Court assessed income at Rs. 7,000 p.m.—Whether Tribunal and High Court erred in rejecting the salary certificate—Held: yes; strict rules of evidence are not applicable in motor accident ... Read more.

EVIDENCE
Involvement of vehicle—Claimants stated that motorcyclist died after being hit by a mini truck from behind—Tribunal awarded compensation against insurance company of mini truck—High Court observing that son of the deceased (PW 2) gave statement to police that deceased sustained injuries after falling from motor cycle due to imbalance and considering that son-in-law who was allegedly following the deceased and noted registration number of truck was ... Read more.

MOTOR VEHICLES ACT, 1988
Section 147 (1)—Motor insurance—Comprehensive policy—Personal accident cover—Extent of liability of insurance company—Pleadings—Absence of—Brother of insured-owner of car sustained fatal injuries while driving the vehicle when car toppled due to tyre burst—Tribunal considering that car was insured under comprehensive policy with personal accident cover (PAC) for owner-cum-driver awarded Rs. 25,82,000—High ... Read more.

MOTOR VEHICLES ACT, 1988
Section 147 (1)—Motor insurance—Liability of insurance company—Collision between a truck and dumper resulting in death of truck driver—Tribunal found that claimants failed to prove negligence of dumper driver and dismissed the claim application—High Court awarded compensation and fastened liability on insurance companies of both vehicles—Insurance company of truck contended that deceased driver cannot be treated as ... Read more.

MOTOR VEHICLES ACT, 1988
Sections 147 (1) and 149 (2) (a) (ii)—Motor insurance—Act policy—Transport vehicle—Gratuitous passenger—Driving licence—Liability of insurance company—Pay and recover order—Passenger travelling in truck sustained fatal injuries when truck met with accident due to negligence of its driver—Tribunal exonerated insurance company from liability holding owner and driver of truck liable on the grounds that ... Read more.

MOTOR VEHICLES ACT, 1988
Section 149 (2) (a) (i) (c)—Motor insurance—Permit—Liability of insurance company—Pay and recover order—Offending commercial vehicle had permit to ply in the State of Himachal Pradesh but accident occurred in Punjab—Tribunal and High Court fastened liability on insurance company—Whether insurance company is entitled to recovery rights against ownerinsured for breach of permit condition—Held: yes. ... Read more.

MOTOR VEHICLES ACT, 1988
Section 163-A—Claim application—Maintainability of—Unknown autorickshaw dashed against a motor cycle causing death of pillion rider on motor cycle—Motorcyclist lodged F.I.R. against unknown autorickshaw on the same day and police filed ‘C’ report stating that autorickshaw is untraceable—Claimants filed claim under section 163-A against insurance company of motor cycle which was dismissed on the ground that death ... Read more.

MOTOR VEHICLES ACT, 1988
Sections 163-A and 155 read with section 147—Claim application—Maintainability of—Motor insurance—Death of ownercum- driver—Liability of insurance company—Minor girl filed claim under section 163-A for death of her parents in an accident when their vehicle lost control due to tyre burst and dashed against a roadside building—Father was owner-cum-driver of the insured vehicle—Tribunal awarded Rs. 4,08,000 ... Read more.

MOTOR VEHICLES ACT, 1988
Section 163-A read with Second Schedule—Quantum—Fatal accident—Claim under section 163-A was dismissed by the Tribunal on the ground that claimants failed to prove negligence of driver of offending dumper/crusher—In appeal High Court awarded lump sum compensation of Rs. 15,00,000—Held: compensation cannot be determined under section 166 of MV Act in a claim filed under section 163-A; compensation re-assessed as per Second ... Read more.

MOTOR VEHICLES ACT, 1988
Section 163-A (1) read with Second Schedule [as amended by notification dated 22.5.2018]—Retrospective application—Quantum—Fatal accident—Accident occurred in 2011 when compensation payable in case of death under section 163-A was Rs. 1,00,000 which stood enhanced to Rs. 5,00,000 as per amendment dated 22.5.2018—Whether claimants are entitled to Rs. 5,00,000 as per amended Second Schedule—Held: yes; in a beneficial ... Read more.

MOTOR VEHICLES ACT, 1988
Section 171—Interest—Insurance company contended that interest should not be awarded on the component of future prospects as it is received in advance enuring to the benefit of claimants only in future—Held: though compensation for future prospects is awarded using multiplier method, in effect, money is actually received by claimants only after the period for which multiplier is adopted due to litigation delays; claimants are deprived ... Read more.

NEGLIGENCE
Contributory negligence—Apportionment of liability—Car driver suddenly applied brakes on highway causing motorcyclist to dash into rear of car and fall on road where bus coming from behind drove over motorcyclist resulting in amputation of left leg—Tribunal held that accident occurred due to negligence of motorcyclist and bus driver in the ratio of 20:80 respectively—High Court holding that car driver was also responsible for the accident modified ... Read more.

QUANTUM
Fatal accident—Deceased aged 32—Claimants: five family members—Tribunal awarded Rs. 19,53,000—High Court upheld Tribunal’s award—Apex Court fixed income at Rs. 12,000 p.m., added 40 per cent income towards future prospects, deducted th for personal expenses, adopted multiplier of 16 and allowed Rs. 24,19,200 plus Rs. 2,42,000 towards loss of consortium, Rs. 18,150 towards loss of estate and Rs. 18,150 for funeral expenses—Award ... Read more.

QUANTUM
Fatal accident—Deceased an Advocate aged 51, owning 3 acres of agricultural land—Claimants: six dependants—High Court in absence of evidence took income at Rs. 12,000 p.m. and awarded Rs. 15,76,800—Apex Court held that absence of proof of income cannot defeat just compensation and considering that deceased had 17 years of standing as an Advocate assessed professional income at Rs. 1,80,000 p.a. plus Rs. 1,20,000 p.a. as supervision charges for ... Read more.

QUANTUM
Injury—Arm, hip and knee—Injured a lady aged 29, undergoing teacher’s training course, suffered injury on right arm with restricted hip and knee movement resulting in 70 per cent permanent disability—Tribunal awarded Rs. 2,35,888 which was affirmed by the High Court—Claimant contended that she is unable to take care of her minor children and continue normal life as she lost employment opportunities and seeks compensation of Rs. 5,00,000—Apex ... Read more.

QUANTUM
Injury—Leg—Amputation of left leg from waist—Injured aged 20, third year Engineering student—Tribunal took income at Rs. 15,000 p.m. and awarded Rs. 73,29,653 after deducting 20 per cent for contributory negligence—High Court upheld assessment of income but reduced the compensation to Rs. 58,53,447 after deducting 30 per cent towards contributory negligence—Apex Court considering that injured was an Engineering student fixed income ... Read more.

QUANTUM
Interest—Allowed at the rate of 9 per cent per annum from the date of filing of claim application. ... Read more.

QUANTUM
Interest—Allowed at the rate of 8 per cent per annum from the date of claim application till payment. ... Read more.

Section 166 (1) (c) read with Hindu Succession Act, 1956, section 15 (1) (b)—Claim application—Legal representative— Death of married daughter, her husband and minor son in the same accident—Claim filed by parents of married daughter and her mother-in-law was made a party respondent—Tribunal apportioned the award equally amongst mother, father and mother-in-law of the deceased—Whether mother-in-law of the deceased, being the only surviving class-II legal heir, ... Read more.