Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Motor Accident

Tuesday, June 28, 2011
Motor Accident

Motor Accident — Delay in lodging FIR — Held, in cases of delay, the courts are required to examine the evidence with a closer scrutiny and in doing so; the contents of the FIR should also be scrutinized more carefully — If court finds that there is no indication of fabrication or it has not been concocted or engineered to implicate innocent persons then, even if there is a delay in lodging the FIR, the claim case cannot be dismissed merely on that ground — Motor Vehicles Act, 1988, Sections 140 and 166 — Criminal Procedure Code, 1973, Section 154.

Monday, February 21, 2011
Motor Accident

Motor Accident — Where the deceased was more than 50 years old, he shall be entitled to increase in income due to future prospects provided there is concrete evidence on record that the deceased was entitled and in fact bound to get a rise in income in the future — Rule of thumb evolved in Sarla Verma’s case [(2009) 6 SCC 121] will not be applicable in such a case.   

Tuesday, January 18, 2011
Motor Accident

Motor Accident — Liability to pay compensation in a case where neither the tranferor nor the transferee took any step for the change of name of the owner in the certificate of registration of the vehicle — Held, the transferor whose name continued in the records of the registering authority as the owner of the vehicle in question would be equally liable for payment of the compensation amount — Further, since an insurance policy in respect of the vehicle in question was taken out in his name, he was indemnified and the claim will be shifted to the insurer — National Insurance Company Ltd. vs. Deepa Devi & Ors., (2008) 1 SCC 414 distinguished — Dr. T.V. Jose vs. Chacko P.M., (2001) 8 SCC 748 and P.P. Mohammed vs. K. Rajappan & Ors., (2008) 17 SCC 624 relied — Motor Vehicles Act, 1988, Section 2(30) and Section 50.

Saturday, July 11, 2009
Motor Accident

Motor Accident — Claim — Report of approved surveyor — Whether binding in nature? — Held, no — The approved surveyor’s report may be basis or foundation for settlement of a claim by the insurer in respect of the loss suffered by the insured but surely such report is neither binding upon the insurer nor insured — Insurance Act, 1938, Section 64-UM(2).

Saturday, June 14, 2008
Motor Accident

Motor Accident — In case of a motor vehicle which is subjected to a hire purchase agreement, the financer cannot ordinarily be treated to be the owner — The person who is in possession of the vehicle, and not the financer being the owner would be liable to pay damages for the motor accident.


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