
motor vehicle


Appeal against claim petition filed prior to enforcement of Motor Vehicles (Amendment) Act, 2019 entertainable as per unamended provision: Allahabad HC
“An amending statute cannot be read in a manner to take away, alter, abrogate, impair or extinguish vested rights acquired under existing laws, or create a new obligation, impose a new duty or attach a new disability, in respect of transactions already past”

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.

A frivolous PIL wasting precious judicial time; Delhi High Court dismisses PIL highlighting issues regarding use of EVs in India
The present PIL was filed by the petitioner based on two news reports, had there been some due diligence exercised and research done on the part of the petitioner, it would have been apparent that the issues raised by the petitioner in the instant PIL had already been addressed through relevant statutes, rules and notifications.

Know Thy Judge| Justice Alok Aradhe: 6th Chief Justice of Telangana High Court
Justice Alok Aradhe was sworn in as Chief Justice of Telangana High Court on 23-07-2023 by the Governor Tamilisai Soundararajan. He succeeded Justice Ujjal Bhuyan who has been elevated as a Judge in the Supreme Court of India. Justice Aradhe has formerly served as Judge in Karnataka, Jammu and Kashmir and Madhya Pradesh High Courts.

Whether Forklift is a motor vehicle under Road Accident Fund Act for road accident claims? Supreme Court of Appeal of South Africa decides
“Supreme Court of Appeal of South Africa in a claim for damages while dismissing the appeal unanimously held that a Hyster 250 forklift is not a motor vehicle as defined under the Road Accident Fund Act, 1996.”

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

[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

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

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

[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
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

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
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
“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
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

‘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

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
[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

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