compendium of cases mv act

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Here is a compendium of some of the latest landmark Supreme Court judgments related to

motor accident claims in India from 2020 to 2024:

1. United India Insurance Co. Ltd. v. Satinder Kaur @ Satwinder Kaur & Ors. (2020):
The Supreme Court dealt with the issue of compensation under the Motor Vehicles Act. It
ruled that compensation for loss of consortium should be awarded to the spouse,
children, .and parents of the deceased. The Court distinguished between spousal, parental,
and filial consortium, ensuring a broader scope of compensation for the aggrieved parties
(iPleaders) (Supreme Court Cases).
2. National Insurance Co. Ltd. v. Pranay Sethi & Ors. (2017): Though a bit earlier, this case
remains influential. The Supreme Court provided guidelines on the calculation of future
prospects for determining compensation. This decision laid down a structured approach to
determining just compensation, ensuring uniformity and fairness in motor accident claims
(Supreme Court Cases).
3. Sarla Verma v. Delhi Transport Corporation (2009): The Supreme Court established
standard criteria for calculating compensation in motor accident claims. The judgment
provided a structured formula for calculating loss of dependency and standardized the
method for ascertaining the multiplier based on the age of the deceased and the dependents
(Bar and Bench - Indian Legal news).
4. Rajesh v. Rajbir Singh (2013): This case expanded on the Sarla Verma guidelines, allowing
for additional compensation for future prospects. The Court awarded substantial amounts for
loss of consortium, loss of care and guidance for minor children, and funeral expenses,
reflecting a more compassionate approach towards compensation (Bar and Bench - Indian
Legal news) (iPleaders).
5. Shamanna v. Divisional Manager, Oriental Insurance Co. Ltd. (2018): The Court
reiterated the principle of "pay and recover," where the insurer must pay the compensation to
the claimant and then recover the amount from the vehicle owner if the driver does not
possess a valid driving license. This ensures that claimants receive timely compensation
without lengthy legal battles (iPleaders).
6. The New India Assurance Company v. Somwati (2020): The Court clarified that
compensation for consortium covers loss of love and affection and should not be awarded
separately. This judgment helped streamline compensation claims by avoiding duplication
under different heads (iPleaders).
7. Ramla v. National Insurance Company Limited (2019): The Supreme Court held that the
Motor Claims Tribunal has the authority to award compensation amounts higher than those
claimed if justified by evidence. This decision emphasized the principle of "just
compensation," underscoring the welfare nature of the Motor Vehicles Act (Law Insider
India).
8. National Insurance Co. Ltd. v. Mannat Johat & Ors. (2020): In this judgment, the
Supreme Court ruled that compensation for loss of love and affection should not be awarded
separately if it is already covered under the loss of consortium. This decision aimed to
prevent duplication of compensation amounts under different heads (iPleaders).
9. United India Insurance Co. Ltd. v. Satinder Kaur (2020): The Court further elaborated
on the necessity to provide just and reasonable compensation under the Motor Vehicles Act,
emphasizing the consideration of non-pecuniary damages like loss of consortium and mental
agony for the deceased's family members (Bar and Bench - Indian Legal news).
10. The New India Assurance Company v. Somwati (2020): The Supreme Court
clarified that the compensation for consortium is not restricted only to the spouse but can
extend to parents and children of the deceased. The judgment underscored the necessity for
comprehensive compensation to the family members affected by the loss (iPleaders).
11. Shamanna v. Divisional Manager, Oriental Insurance Co. Ltd. (2018): Although
from 2018, this case remains pertinent. The Supreme Court ruled that in cases where the
driver did not possess a valid driving license, the insurer would pay the compensation first
and then recover the amount from the vehicle owner. This principle of "pay and recover"
continues to influence motor accident claims (iPleaders).
12. Reliance General Insurance Co. Ltd. v. Shalu Sharma & Ors. (2021): The Court
reaffirmed the principles set in earlier judgments regarding the need for insurers to prove
contributory negligence or breach of policy terms to deny claims. This case further cemented
the onus on insurers to provide valid grounds for denial of compensation (Bar and Bench -
Indian Legal news).
13. S. Rajaseekaran vs. Union of India & Ors. (January 2024): In this case, the
Supreme Court focused on enhancing road safety and ensuring strict compliance with the
Motor Vehicles Act, 1988. The Court directed the government to improve road infrastructure
and enforce safety norms rigorously to minimize accidents and enhance the compensation
framework for victims (latestlaws.com).
14. K.P. Mozika vs. Oil and Natural Gas Corporation Ltd. & Ors. (January 2024):
This judgment reinforced the procedural aspects of claiming compensation under the Motor
Vehicles Act. The Supreme Court emphasized that claimants should receive fair and just
compensation, reflecting the actual losses and damages incurred due to motor vehicle
accidents (latestlaws.com).
15. IFFCO Tokyo General Insurance Company Ltd. vs. Geeta Devi and Ors.
(October 2023): The Court highlighted the responsibility of insurance companies to settle
claims promptly and justly. It reiterated that the compensation awarded by the Motor
Accident Claims Tribunal must adhere to the principle of "just compensation" as stipulated
in the Motor Vehicles Act, ensuring that victims are adequately compensated based on
evidence presented (latestlaws.com).
16. National Insurance Company Limited vs. Sumathi (2022): Influenced by
Supreme Court precedents, the Madras High Court dealt with issues of negligence and
contributory negligence in motor accident claims. The Court ruled that claimants must prove
negligence under Section 166 of the Motor Vehicles Act. It also clarified that tortfeasors
(wrongdoers) cannot claim compensation, and contributory negligence can reduce the
compensation awarded (SCC Online).
17. Mathew Alexander vs. Mohammed Shafi and Anr. (July 2023): This judgment
addressed the calculation of compensation based on the extent of injuries and the resulting
disability. The Supreme Court provided guidance on assessing the long-term impact of
injuries on the claimant's earning capacity and quality of life, ensuring comprehensive
compensation reflecting these factors (latestlaws.com).

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