Motor Vehicle Act Archives

S. 192 MV Act | Meghalaya HC quashes FIR and chargesheet against former DGP for alleged misuse of official vehicle registration number

“The chargesheet submitted without permission from the Magistrate concerned to investigate the offence, cannot be rendered valid in terms of provision of Section 155 (2) of the Code of Criminal Procedure, 1973 which lays down that no police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.”

Case Briefs High Courts

[S. 4 Probation of Offenders Act] Bombay HC releases man convicted for running down woman with motorbike as a teenager, after 11 years

The Court opined that the applicant has a bright future and is apprehensive of the stigma of conviction that may ruin his future, therefore, it was expedient to release him on probation under the Section 4 benefit

Case Briefs High Courts

Delhi High Court directs compensation to wife of deceased based on Good Samaritan principle

The Good Samaritan law states that a person who chooses to take steps to aid a person a distress should not be harassed for showing kindness and if in the process the Good Samaritan suffers some injury or fatal consequence, the law must come to his rescue.

Case Briefs High Courts

Non-possession of valid Permit entitles Insurance Company to recover compensation paid, from the owner of vehicle: Delhi High Court

“Right to recover the compensation will also be available to the Insurance Company where the offending vehicle is being operated at the time of the accident at a place for which it does not have a valid Permit.”

Case Briefs Supreme Court

Supreme Court refuses to interfere with Calcutta HC order holding Notification altering stage carriage permits as constitutional

In the case at hand, because of the impugned notification, the stage carriage permit holders were required to stop at two new bus stations in Burdwan Town, instead of the old bus station where they were used to stop.

Case Briefs High Courts

Whether refusal of registered owner to surrender registration certificate or his abscondence, is mandatory to exercise power under S. 51 (5) of MV Act? Allahabad HC answers

In case the certificate was lying in the vehicle at the time it was repossessed, the impugned order directing for the vehicle to be registered in the name of the financier would not cause any prejudice nor could be said to be contrary to any provisions of law.

Case Briefs High Courts

Punjab and Haryana High Court grants compensation to an unmarried daughter under Motor Vehicles Act

Punjab and Haryana High Court while disposing of the appeals challenging compensation awarded by Motor Accidents Claims Tribunal held, unmarried daughter is financially dependent on her deceased father and entitled for compensation.

Case Briefs High Courts

‘Allowed to die as an orphan without any efforts taken for identifying his name, address, wife and children’; Madras High Court directs compensation to the family

Madras High Court– G Chandrasekharan, J. ordered further investigation into the case where a man died under suspicious circumstances and alleged negligence

Case Briefs High Courts

[Motor Accident Case] Determination of a just compensation cannot be equated to be a bonanza: Bom HC

Bombay High Court: Addressing a dispute with regard to the percentage of permanent disability and determination of compensation, Shrikant D. Kulkarni, J.,

Case Briefs Supreme Court

“A bus by bus, a mini-bus by mini-bus and not bus by a mini-bus” isn’t a correct way to interpret the expression “same nature”: Supreme Court

Supreme Court: The Division Bench comprising of K.M. Joseph and Pamidighantam Sri Narasimha*, JJ., held that Rule 174(2)(c) of the Kerala Motor

Case Briefs High Courts

When a person suffers injury without any negligence on his part, but result of combined effect of negligence of two other persons: Is it a case of composite or contributory negligence? Bom HC answers

Bombay High Court: Expressing that, Negligence does not always mean absolute carelessness, but want of such a degree of care as required

Case Briefs Supreme Court

SC looks to curb the menace of fake Compensation Claims under Motor Vehicles Act; impleads Ministry of Transport

Supreme Court: After it was brought to the Court’s notice that several fake claim petitions were being filed for getting compensation under

Case Briefs High Courts

Ker HC | There can be no prosecution under S. 185 of MV Act in the absence of alcohol detection test through breath analyser

Kerala High Court: V.G. Arun, J., while partly allowing the instant petition held that offence under Section 185 of Motor Vehicle Act,

Case Briefs High Courts

All HC | Can pension of deceased be deducted while granting compensation to his widow in a motor accident case? HC elaborates

Allahabad High Court: Dr Kaushal Jayendra Thaker, J., modified the sum of the award granted to a widow by the Motor Accident Claims

Case Briefs High Courts

Pat HC | Insurance Company granted right to recover half of compensation amount from owner/ insurer of other vehicle involved in an accident caused due to composite negligence

Patna High Court: S. Kumar, J. dismissed the appeal filed by the insurance company on the grounds that the parties were liable

Case Briefs

Original specifications made by the manufacturer of the vehicle can’t be altered: SC

Supreme Court: Deciding the question involving the permissible alteration in a Motor Vehicle in view of the provisions contained in section 52