MACT Judgements

1
MACP Important Judgments Compiled by H S Mulia
MOTOR VEHICLE ACT 1988 - IMPORTANT

JUDGMENTS
Compiled by H S Mulia
Sr.
No.
Particulars
Page
No
Tort
Section 140
Civil Procedure Code, 1908
Under Section 163-A of M.V. Act
10
Jurisdiction
18
Legal Representative
21
Limitation
24
Workmen Compensation Act
24
Negligence
27
10
Calculation of compensation-Quantum
32
11
Driving Licence
39
12
Private Investigator
52
13
14
Helper- Cleaner- Coolie

Premium and Additional Premium
53
54
15
Goods as defined u/s 2(13)
54
16
Goods Vehicle and Gratuitous Passengers
55
17
Vehicle hired/leased
58
18
Which kind of licence required for LMV-LGVHGV-HTV-MGV
59
19
Avoidance Clause
63
20
Injuries and Disabilities
64
21
Review
66
22
Employees State Insurance Act and Employee's
66
Compensation Act
23
Life Insurance:-
67
24
Medical Reimbursement
67
25
Family Pension
67
26
Compassionate Appointment
67
27
Pillion Rider
68
28
Commencement of Policy and Breach of Policy
72
29
Driver-Owner
74
30
Travelling on roof-top of the bus
78
31
Private Vehicle
79
3
32
80
Permit
33
Hire and Reward
83
34
Transfer of Vehicle
84
35
Post Mortum Report
85
36
Dishonour of Cheque
86
37
Pay and Recover
87
38
Stepped into the shoe of the owner
94
39
Cover Note
97
40
Hypothecation
97
41
Transfer of the Vehicle
100
42
Public Place u/s 2(34)
101
43
Militant
Murder,
Accident
101
44
Attack- Hijack-Terrorist Attack

Heart
Attack
Arising
out
of
Dismiss for Default
103
45
Stationary Vehicle
103
46
Tractor-Trolley
105
47
Registration of Vehicle/Number Plate
107
48
Stolen Vehicle
108
49
Hit and Run - Under Section 161
109
50
Third Party
110
51
Disbursement and Apportionment
110
52
FIR, Charge sheet, Involvement of Vehicle,

Identity of Vehicle
113
53
Necessary Party
115
54
Conductors Licence
115
55
Succession Certificate
116
56
Damage to property
116
57
Settlement
117
58
Mediclaim
118
59
Did not
Servant
60
Railway
118
61
Overloading
119
62
Abate
120
63
Fitness Certificate
121
64
Labourer of Hirer
121
65
IMT
122
Suffer
Financial
Loss/Government
118
66
Use of Vehicle other than for registered
123
67
Central Motor Vehicles Rules
124
68
Miscellaneous
125
MOTOR VEHICLE ACT 1988 - IMPORTANT JUDGMENTS
Tort
1 -Whether PWD is liable to pay compensation when it is proved
that roads are not maintained properly- held- yes- PWD is
liable on the ground of principle of res ipsa loquitor and
common law.
1987 ACJ 783 (SC)
2- U/s 163A, 166 & 158(6) of MV Act- claim petition- is it
necessary in all case for claimant to file claim petition?
Held no- report under section 158(6) is enough to treat the
same as claim petitionJai Prakash v/s National Insurance Com. Ltd, reported in 2010
(2) GLR 1787 (SC), 2011ACJ 1916 (BOM)
3- Medical negligence- sterilization operation- failure ofliability of State.
2013 ACJ 406 (HP)
Section 140
1- U/S 140 No fault liability claimant need not to plea
and establish negligence he is required to prove that injuries
sustained due to vehicular accident.
2011 ACJ 1603 (Bombay)
But P& H High Court has held ( 2011 ACJ 2128) - in that case
claimant
pleaded
deposition,
he
that
deposed
he
was
that
he
earning
was
Rs
7000
earning
Rs
p/m.
in
3000
p/m.-
whether oral evidence which is contrary to the pleadings could
be accepted in absence of any other documentary evidence- held

no.
2-
NFL
application
not
filled
along
with
main
petition-
Tribunal rejected the application filed later on- HC confirmed

the said order- whether valid- held- no- claimant can file NFL
u/s 140 at any time during pendency of main claim petition.
2010 (8) SCC 620.
3- No order of investment can be passed in the order passed
u/s 140 of the M. V. Act.
First Appeal 1749 of 2012 (Coram Jst. Harsha
Devani)
3- Constructive res judicata - Whether order passed u/s 140 of

the
Act,
tribunal
qua
as
negligence
constructive
of
the
res
driver
judicata,
is
binding
while
to
the
deciding
the
claim petition u/s 166 of the Act? - Held- Yes.

F.A.
No.
264
of
2005
dated
15/02/2013,
Minor
Siddharth
Makranbhai.
2012 (2) GLH 465- Siddik U. Solanki.
Judgment delivered in the case of 2012 (2) GLH 465- Siddik U.
Solanki is modified First Appeal No.2103 of 2005 and allied
matters (Coram Jst. Akil Kuresi and Jst.Vipul Pancholi)
4-U/s
140-
Whether
amount
paid
u/s
140
of
the
can
be
recovered in case if the main claim petition is dismissedHeld- No.

2014 ACJ 708 (Raj) SC judgment in the case of O I Com. v/s
Angad Kol, reported in 2009 ACJ 1411, para Nos. 4 to 8 relied
upon
5-- An application u/s 140 has to be decided as expeditiously

as possible an order of hear the same along with the main
claim petition is bad.
2013 ACJ 1371 (Bom).
Civil Procedure Code, 1908

1- O 11 R 14- whether claimant has right to seek direction
from Tribunal to direct the other side to produce necessary
documents - held yes
2011
ACJ 1946 (AP) Also see Note 392.
2- O 41 R 33- whether the appellate court has powers to modify

the award in absence of claimantheld yes
2011 ACJ 1570 (Guj)
3- Death of owner of vehicle- application by claimant to join
widow of owner- objected by insurance company on the ground of
limitation- whether objections are maintainable?
Held- no-
scheme of act does not provide for the same2011 ACJ 1717
4- - MV Act u/s 169- CPC whether Tribunal can exercise all
powers of Civil Court without prejudice to the provisions of
Section
169
of
MV
Act?
held-
yes-
Tribunal
can
follow
procedure laid down in CPC

2011 ACJ 2062 (DEL)
5- IC sought to avoid its liability on the ground that though
notice to driver and owner was issued to produce copy of DL
but they did not produce and same amounts to breach of the
terms of the IP- whether IC is held liableheld- yes-Issuance
of
notice
neither
proves
objections
of
IC
nor
draws
any
adverse inference against insured2012 ACJ 107- 1985 ACJ 397 SC followed
6- Whether Tribunal can dismiss an application preferred u/O
26 Rule 4 and Order 16 Rule 19 for taking evidence by Court
Commissioner? -Held- No- 2012 ACJ 1623 (Chh)
7- Amendment in claim petition preferred u/s 163A- whether can
be allowed- Held- Yes
2012 ACJ 2809
8-- O-6 R-17 IC moved an application for impleading driver,
owner
and
insurer
of
the
other
vehicle-
whether,
can
be
allowed if claimant does not want any relief against them?Held- No.
2013 ACJ 1116, SC judgments followed.
9- Powers to take additional evidence- when can be allowedGuideline.
2013 ACJ 1399 (P&H)
10- Whether failure of the driver to produce licence u/O 12,
R-8 of CPC
would be sufficient to draw an inference that
driver did not possess a valid and effective licence.

2013 ACJ 2530 (Del).
11-
Execution
Attachment
of
residential
property/house-
whether executing court can pass such order of attachment?Held-
Yes.-
Special
privilege
provided
under
CPC
is
not
applicable in the case of enforcement of award.

2014 ACJ 1467 (P&H) Prem Chand v/s Akashdeep (K. Kannan. J)
10
12- CPC - Order 11 Rule 14 - Notice for production of document

by IC - the object of notice is to save time and expenses
only, the cost or the expenses of such evidence could have
been imposed on the owner or the driver of the vehicle and
nothing more, if in response to the notice, the licence was
not produced, the Insurance Company ought to have called for
the
record
of
the
R.T.O.
or
could
have
produced
other
evidence.
Karan Singh v/s Manoharlal, MP High Court, reported in 1989(1)
ACC 291 Para 9.
13-
Tribunal
is
COURT
and
proceedings
before
it
are
judicial proceedings- whether Evidence Act applies to MV Act?

held yes- 2011 ACJ 2228 (JAR)
Under Section 163-A of M.V. Act:1- U/S 166 & 163A- income of deceased more than Rs.40,000whether Tribunal can reject
an application u/s 163A? Held
no- Tribunal ought to have convert the same one u/s 166
2004 ACJ 934 (SC) but See 2014 ACJ 2434 (Gauhati)
2- Unknown assailant fired on driver while he was drivingtruck
dashed
with
tree-
whether
Tribunal
was
justified
in
concluding that accident was a vehicular accident and claimant

is entitled for compensation u/s 163A of MV Act heldyes
2000 ACJ 801 (SC), 2011 ACJ 1658 (MP), one another judgement
of Guj High court, Jst RKAJ
3- U/s 163A- truck capsized- driver died- whether entitled for
compensation-
held
yes-
proved in 163A application
negligence
is
not
required
to
be
11
2011 ACJ 2442 (MP)

4- New India Assurance Company Limited vs. Sadanand Mukhi and
Others reported in (2009) 2 SCC 417, wherein, the son of the
owner was driving the vehicle, who died in the accident, was
not regarded as third party. In the said case the court held
that
neither
Section
163-A
nor
Section
166
Motor
Cycle,
would
be
applicable.
5-
The
deceased
was
traveling
on
which
he
borrowed from its real owner for going from Ilkal to his
native place Gudur. When the said motor cycle was proceeding
on Ilkal-Kustagl, National Highway, a bullock cart proceeding
ahead
of
the
said
motor
cycle
carrying
iron-sheet,which
suddenly stopped and consequently deceased who was proceeding

on the said motor cycle dashed bullock cart. Consequent to the
aforesaid incident, he sustained fatal injuries over his vital
part of body and on the way to Govt. Hospital, Ilkal, he died.
It was forcefully argued by the counsel appearing for the
respondent that the claimants are not the `third party', and
therefore, they are not entitled to claim any benefit under
Section 163-A of the MVA. In support of the said contention,
the counsel relied on the decision of this Court in the case
of Oriental Insurance Co. Ltd. v. Rajni Devi, (2008) 5 SCC
736; and New India Assurance Co. Ltd. v. Sadanand Mukhi and
Ors., (2009) 2 SCC 417.
In the case of Oriental Insurance Company Ltd. v. Rajni Devi
and
Others,
(2008)
categorically
held
involved,
liability
the
that
SCC
in
of
736,
a
the
case
wherein,
where
insurance
it
has
been
third
party
is
company
would
be
unlimited. It was also held in the said decision that where,

however, compensation is claimed for the death of the owner or
another passenger of the vehicle, the contract of insurance
being
governed
by
the
contract
qua
IP,
the
claim
of
the
12
claimant against the insurance company would depend upon the

terms thereof. It was held in the said decision that Section
163-A of the MVA cannot be said to have any application in
respect of an accident wherein the owner of the motor vehicle
himself
is
involved.
The
decision
further
held
that
the
question is no longer res integra. The liability under section

163-A of the MVA is on the owner of the vehicle. So a person
cannot be both, a claimant as also a recipient, with respect
to claim. Therefore, the heirs of the deceased could not have
maintained a claim in terms of Section 163-A of the MVA. Apex
Court held - the ratio of the aforesaid decision is clearly
applicable to the facts of the present case. In the present
case, the deceased was not the owner of the motorbike in
question. He borrowed the said motorbike from its real owner.
The deceased cannot be held to be employee of the owner of the
motorbike although he was authorised to drive the said vehicle
by its owner, and therefore, he would step into the shoes of
the owner of the motorbike.
2009 (13) SCC 710 Ningmma v/s United India.
6- S. 163A - liability under - liability u/s. 163A is on the
owner of the vehicle as a person cannot be both, a claimant as
also a recipient - for the said purpose only the terms of the
contract of insurance could be taken recourse to - liability
of insurance company was confined to Rs. 1,00,000 - appeal
partly allowed.
2008(5) SCC 736 Rajni Devi
7- Deceased died due to electrocution while engaged in welding
job on a stationary truck and not due to any fault or omission
on the part of driver- whether the claim petition u/s 163A is
maintainable and IC can be held liable?- heldyes- any fault
or omission on the part of driver has no relevance and driver
is not necessary party in claim petition filed u/s 163A
13
2011 ACJ 2608- several SC ratios followed

8- U/s 163A- Motorcycle hit a large stone lying on the tar
road- fatal injury- Tribunal found that deceased was negligent
and entitled for compensation- IC led no evidence to point out
that deceased was negligent- IC held liable
2012 ACJ 1- Sinitha but also see A.Sridhar, reported in 2012
AAC 2478 and also see 2004 ACJ 934.
9-
U/s
163A-
maintainable
whether
without
the
joining
claim
the
petition
owner
and
u/s
163A
driver
of
is
the
offending vehicle? -heldyes- since the question of fault is

not of the offending vehicle is of no consequence
2012 ACJ 271
10- - U/s 163A procedure and powers of Tribunal- Tribunal
need not to go into the negligence part- SC decisions referred
to- Guidelines issued
2012 ACJ 1065 (Ker)
11-
U/s
163A-
claimants are
deceased
entitled
died
due
to
heart
attack-
whether
for compensation u/s 163A of the MV
Act?- Held- No- in absence of any evidence to the effect that

deceased
died
due
to
heavy
burden
or
there
any
other
sustainable ground2012 ACJ 1134 (AP)- Murder 2012 ACJ (Ker)

Culpable
Homicide-
Altercation
between
conductor
and
passenger- conductor pushed passenger out of bus passenger

crushed in the said bus conductor prosecuted u/s 324 & 304
of IPC- whether in such situation, since driver failed in his
duty to stop the bus, he is liable for accident. Owner of bus
vicariously held liable and IC is directed to indemnify owner
14
of the bus further held that accident was arising out of use
of motor vehicle.
12- u/s 163A- Minor girl travelling in the Auto Rickshaw,
received
injuries
from
the
bottle
thrown
from
the
other
vehiclewhether claim petition u/s 163A is maintainable in

such case? - Held -Yes- 2012 ACJ 1162 (Ker).
13- U/s 163A- whether the compensation has to be awarded u/s
163A- it has to be as per the structure formula given under
the Second Schedule? - Held- Yes- the benefit of filling a
petition on no fault liability can be claimed on the basis of
income with a cap of Rs.40,000/2012 ACJ 1251 (Del)- 2013 ACJ 2870, Gaytri v/s Amir Sing (Del)
- various SC decisions are considered.
14- Earlier direction of High Court to disposed of application
preferred
u/s
166
of
the
Act,
while
deciding
an
appeal
preferred against the order passed u/s 163A of the Act. Held
simultaneous petitions u/s 166 and 163A are not maintainable.
2012 (2) GLH 325- Ravindra Senghani
15- U/s 163A- whether a claim petition is maintainable when
the income of deceased is more than 40,000/- per annum?- HeldNo.
2012 ACJ 1687
16-
U/s
163A-
Claim
petition
under
163A
is
maintainable
against other vehicle, which was not at fault?- Held- Yes.

2012 ACJ 1896-SC judgments followed.
17- Whether claimant can convert an application u/s 166 to
163A and vise versa?- Held- yes- SC judgements followed- 2011
ACJ 721
15
2012 ACJ 1986

18-
U/s
163A-
whether
driver
of
the
offending
vehicle
is
required to be joined? Held- Not necessary.

2012 AAC 2495 (Del)
19-
U/s
163A-
collision
between
two
vehicles-
joint
tortfeasor- whether the tortfeasor is entitled to get amount

of compensation?- Held- Yes.
2012 ACJ 2206 (Ker)- 2004 ACJ Deepal G. Soni (SC), relied
upon.
20- U/s 163A- Whether Tribunal can award higher amount than
what is been provided under the Second Schedule? -Held- Yes.
2012 ACJ 2292 (Kar) 2008 ACJ 2148 (SC), Sapna v/s UII Com.
21- Claim petition u/s 163A for the death of the owner is
maintainable? -Held -No- claimants cannot be both i.e owner
and claimant.
2012 ACJ 2400 (MP). 2008 ACJ 1441- Rajni Devi and 2009 ACJ
2020- Ningamma (both SC - followed).
22- Use of vehicle- live electricity wire- driver came in
contact with it died- whether claim petition is maintainable?
-Held- Yes.
2012 ACJ (AP). SC judgments relied upon.
23- Conversion of an application preferred u/s 166 to one
under
163A-
whether
court
can
go
into
the
legality
and
correctness of pleadings at such stage? -Held- No.

2012 AAC 2610 (Del)- 2012 ACJ 2482 (P&H)
24- S.166, S.163A- Claim for compensation - Remedy u/s. 163A
and S. 166 being final and independent of each other, claimant
16
cannot pursue
them simultaneously
- Claim
petition finally
determined under S. 163A - Claimant would be precluded from

proceeding further with petition filed under S. 166.
2011 SC 1138- Dhanjibhai K Gadhvi.
25-
The
law
laid
down
in
Minu
B.
Mehta
v.
Balkrishna
Ramchandra Nayan (1977) 2 SCC 441 : (AIR 1977 SC 1248) was

accepted by the legislature while enacting the Motor Vehicles
Act, 1988 by introducing Section 163-A of the Act providing
for payment of compensation notwithstanding anything contained
in the Act or in any other law for the time being in force
that the owner of a motor vehicle or the authorised insurer
shall be liable to pay in the case of death or permanent
disablement due to accident arising out of the use of the
motor
vehicle,
compensation,
as
indicated
in
the
Second
Schedule, to the legal heirs or the victim, as the case may

be, and in a claim made under sub-section (1) of Section 163-A
of the Act, the claimant shall not be required to plead or
establish that the death or permanent disablement in respect
of which the claim has been made was due to any wrongful act
or neglect or default of the owner of the vehicle concerned.
in the judgments of three-Judge Bench in Minu B. Mehta v.
Balkrishna Ramchandra Nayan (1977) 2 SCC 441 : (AIR 1977 SC
1248)
26-
Unknown
vehicle-whether
claim
petition
u/s
163A
is
maintainable?- Held- yes.

2013 ACJ 290 (Del)
27- u/s 163A, 140 & 166 conversion of an application u/s 166
from
163A,
after
getting
permissible- Held No.

2013 ACJ 1082.
an
amount
under
section
140
is
17
28- Claim petition u/s 166 and 163-A- An application u/s 163A
is
allowed-
Whether
claim
petition
u/s
166
is
then
maintainable?- Held- No.

2013 ACJ 1779 (Guj)
29- - Claim petition u/s 163-A- income of the deceased is
shown, more than 40,000/-per annum- whether is maintainable? Held- No.
2014 ACJ 2329 (Guj) New.I.A. Com. v/s Pachan Manek Gadhvi.
30-163-A- When it is proved that claimant/deceased himself was
negligent in causing the accident- IC is not liable to pay
compensation.
2013 ACJ 2586 (AP) Bajaj Allianz v/s Gaddam Swami, 2013 ACJ
2622 (Ker) O.I. Com. v/s P.P. Nandanan.
31-163A- Driver and Cleaner sustained injuries while unloading
goods- Whether claim petition u/s 163A is maintainable?- HeldYes.
2014 ACJ 1206
32- Judgments of Sinitha and Shila Dutta are referred to Full
Bench.
2013 ACJ 2856- UII Com. v/s Sunil Kumar
33- Conversion of an application u/s 163A to one u/s 166whether permissible?- Held- Yes.
2014 ACJ 493 (AP),
34-163A- Failure of brakes- whether in such situation, a claim
petition u/s 163A is maintainable?- Held -Yes.
2014 ACJ 1128
18
35- U/s 163A- Whether the IC is required to be exonerated in a

case where IC has failed to prove and point out that deceased
himself was negligent- Held- No- IC held liable. 2012 SC 797Sinitha's case.
36- Whether a claim petition u/s 163A is maintainable when
award is already passed u/s 161 of the Act?- Held- Yes.
2012 ACJ 2314 (Chh).
37- Second Schedule of M.V. Act- needs to be revised and
further direction are given to award compensation in the cases
of child aged between 0 to 5 years and 5 to 10 years.
2014 ACJ Puttamma v/s Narayana Reddy (SC).
Jurisdiction:1-Jurisdiction claimant residing in District H- insurance

company is also having having office in District C- whether
the Tribunal at District C has jurisdiction to entertain the
claim petition- held- yes
2009 ACJ 564 (SC)
2-
Accident
occurred
in
Nepal
while
deceased
was
on
pilgrimage- Journey started from India- Opponents are Indian

citizens and having offices in India- Whether claim petition
in India is maintainable- Held- Yes- 2012 ACJ 1452 ((P&H)
3- - Jurisdiction of permanent Lok Adalat guideline.-2012 ACJ
1608.
4-
In
accident
against
claimant
one
of
vehicle
the
preferred
got
IC-
another
damaged-
claim
petition,
application
whether maintainable? -Held- No.
claim
petition
partly
against
filed
allowed-
another
IC-
19
2012 AAC 2944 (Chh)- SC judgments followed.

5-
Jurisdiction-
maintainable?-
Damage
Held-
to
No-
property
tribunal
of
has
owner-
whether
jurisdiction
to
entertain only those applications wherein damage is caused to

property of the third party. 2005 ACJ (SC) 1, Dhanraj v/s
N.I.A. Com is relied upon.
2012 ACJ 2737.
6- Jurisdiction- after the death of the her husband, deceased
was staying with her brother- whether claim petition can be
preferred at the place where she is staying with her brother?
-held- Yes.
2012 ACJ 2811
7- U/s 166(2) jurisdiction of Tribunal - Claimant migrant
labourer - Appeal by insurer - Award amount not disputed Setting
aside
jurisdiction
appropriate
of
-
award
Would
Tribunal
on
ground
of
only
result
S.C.
would
lack
in
of
territorial
re-trial
exercise
before
powers
under
Art.142 to do complete justice in such a case.

AIR 2009 SC 1022- Mantoo Sarkar v/s O.I. Com. Ltd.
8-
Jurisdiction
of
Claims
Tribunal
Claim
for
loss
of
business income due to non-use of vehicle - Falls under head

damage to property - Claims Tribunal would have jurisdiction
to entertain and decide such claim.
AIR 2007 Guj 39 but also see 2013 ACJ 1732 (P & H).
9- Jurisdiction- where a claim petition is maintainable- Good
discussion.
2013 ACJ 1787
20
10- Cause of action- Jurisdiction- Accident occurred in NepalBus
was
registered
in
India-
Whether
claim
petition
is
maintainable in India?- Held- No.

2013ACJ 1807 (Bih).
11-
Estoppel-
Consumer
court
held
that
driver
was
holding
valid licence and IC is directed to pay amount by Consumer

court-
Whether
IC
can
take
same
defence
before
the
MAC
Tribunal- Held- No. IC is estopped from raising such stand.

2013 ACJ (Kar) 2736.
12- U/s 166(3) as it stood prior to its deletionaccident
occurred
prior
to
the
said
deletion-
claim
petition
filed
after deletion and since years after the accident - whether

claim petition is maintainable? - Held- Yes.
13-
Limitation
claim
petition
filed
in
2005,
whereas
accident occurred in the year 1990- whether claim petition is

time barred?- heldno
2011ACJ 1585 (Jark)
14- Limitation- U/s 166(3) as it stood prior to its deletionaccident occurred prior to the said deletion- claim petition
filed after deletion and since years after the accident whether claim petition is maintainabile? - Held- Yes.
2015 ACJ 221 (Chh)
15-
Tribunal
dismissed
claim
petition
on
the
ground
that
accident is not proved- whether Tribunal erred?- held- yesTribunal is supposed to conduct inquiry not trial in claim
petition and summery procedure has to be evolved- Tribunal
could have invoked power envisaged u/s 165 of Evidence Act
2011 ACJ 1475 (DEL)
21
Legal Representative:1- Legal representative- brother & married daughter- evidence

that brother and his family was staying with deceased and
brother was
dependent- whether
claim
petition preferred
by
brother is maintainable? Held- yes

1987 ACJ 561(SC), 2005 ACJ 1618 (Guj), 2012 AAC 2965 (Mad)2014 ACJ 1454 (Mad) - SC judgments followed.
But see 2014 ACJ 1669 (All)- Chandrawati v/s Ram Sewak 2007
ACJ 1279 (SC) Manjuri Bera v/s O I Com. relied on.
2- Widow- remarriage by her- whether claim petition by her
maintainable?- heldyes-whether a widow is divested of her
right to get compensation for the death of her husband on her
remarrying during pendency of claim petition? Held- no
2008ACJ 816( MP), 2003 ACJ 542(MP), 2004 ACJ 1467(MP) 1992 ACJ
1048 (Raj), 2011 ACJ 1625 (Gau), 2013 ACJ 1679 (J & K). 2014
ACJ 950 (AP).
3- Dependants-
death of
unmarried woman-
living separately
from the claimantheld claimant was not dependent and not
entitled for compensation but entitled to get 50000 u/s 140 of
the Act
2012 ACJ 155- 2007 ACJ 1279 SC followed
4- Meaning of legal representative is given u/s 2(11) of CPCwords used u/s 166 of MV Act are legal representative and not
Dependants- therefore, includes earning wife and parents alsofurther held that wife is entitled for compensation, till the
date of her remarriage.
2012 ACJ 1230 (Mad)- considered ratios of SC, reported in 1989
(2) SCC (Supp) 275- Banco v/s Nalini Bai Naique and 1987 ACJ
561 (SC)- GSRTS v/s Ramanbhai Prabhatbhai 2013 ACJ 99 (AP)
22
5- Legal representative- live in relationship- second wifewhether she is entitled for compensation, when first wife is
living? - Held- Yes.
2012
ACJ
2586
(AP).
2011
(1)
SCC
141
(live
in
in
relationship- u/s 125 of the Cr.P.C. Man is liable to pay

maintenance).
6- Death of mother during pendency of claim petition- father
of the deceased not considered as dependent- whether proper?Held- No- claim petition ought to have been decided on the
basis that mother of the deceased was alive on the date of
accident, as right to sue accrued on date of accident.
2013 ACJ 19 (Del)
7- Whether on the basis
of succession certificate, brother's
son of deceased gets right to file an application under the

Act for getting compensation- Held- No.
2013 ACJ 1176 (J&K).
Whether
on
the
natural
death
of
the
one
of
the
joint
claimants, succession certificate is required to produced so

as to enable Tribunal to pass an order of disbursement of the
awarded amount, falling in the share of deceased claimant?Held- No.
2014 ACJ 891 (MP).
To get awarded amount, L.R. Are not required to get succession
certificate-
SC
judgment
in
the
case
of
Rukhsana
v/s
Nazrunnisa, 2000 (9) SCC 240 followe.

2014 ACJ 2501 (Raj)
8- Compensation cannot be denied to the members of the family
of the sole breadwinner.
23
1987 ACJ 561 (SC) -GSRTC v/s Ramanbhai Prabhatbhai. See also
2013 ACJ 2793 (Mad)- UII Com. v/s Poongavanam.
9- Legal representative- Adopted daughter- whether said to LR?
-Held- Yes2013 ACJ 2708 (P&H)
10-
Legal
representative-
charitable society
who
death
of
renounced
member
of
the world-
registered
whether, claim
petition by society is maintainable?- Held- Yes.

2014 ACJ 667 (SC) (FB) Montford Brothers v/s UII Com.
11-
Remarriage
of
Widow-
Whether
dis-entitled
her
to
get
compensation?- Held No.

2014 ACJ 950 (AP).
12- Legal representative and legal heirs-
u/s 166 words Legal
representative are use whereas, u/s 163-A words

are used. Therefore,
Legal heirs
Legal representative of deceased is not
entitled to claim compensation u/s163-A of the Act.

2014
ACJ
1492
(Ker)-
Kadeeja
v/s
Managing
Director,
KSRTC
dated 18.10.2013.
13- Claim petition filed by the children of deceased from the
first marriage on the ground that claim petition filed by the
second wife is allowed- whether proper?- Held- Yes.
- As
amount of compassion received by the L.R. Of deceased deemd to

be hold by him on behalf of all L.R.-
children of deceased
from
to
the
first
marriage
recovery.
2014 ACJ 2504(All)
are
directed
file
suit
for
24
14- Legal representative- live in relationship- second wifewhether she is entitled for compensation, when first wife is
living? - Held- Yes.
2012
ACJ
2586
(AP).
2011
(1)
SCC
141
(live
in
in
relationship- u/s 125 of the Cr.P.C. Man is liable to pay

maintenance).
2007 (7) SCJ 467- Hafizun Begum v/s Md. Ikram Heque.
Limitation:1- Limitation claim petition filed in 2005, whereas accident

occurred in the year 1990- whether claim petition is time
barred?- heldno
2011 ACJ 1585 (Jark)
2- Limitation- U/s 166(3) as it stood prior to its deletionaccident occurred prior to the said deletion- claim petition
filed after deletion and since years after the accident whether claim petition is maintainabile? - Held- Yes.
2015 ACJ 221 (Chh)
Workmen Compensation Act:1- Receipt of compensation by claimant under WC Act, without

there being any application by claimant under the WC Act whether claimant is at liberty to file an application u/s 166
and/ or 163A of MV Act? - heldyes- there is no bar for
claimant to file an application u/s 163A of MV Act as he has
not made any application under WC Act
ACJ 2003 934 (SC), 2003 ACJ 1434 (P&H), 2011 ACJ 1786 (KAR)
25
2-Motor Vehicles Act, 1988 - S. 147, 149, 166, 167, 173 Workmen's Compensation Act, 1923 - S. 3 - appeal against the
order of High Court directing appellant to satisfy whole award
- motor accident case - fatal - third party risk involved liability
of
applicability
vehicle
of
owner
Workmen's
and
insurer
Compensation
to
Act
be
-
decided
accident
of
truck - driver died on the spot - heirs of deceased contended

that truck was 15 years old and was not in good condition and
was not well maintained - claim for compensation - truck owner
denied his fault on the ground that driver was drunk at the
time
of
the
accident
Tribunal
dismissed
claim
petition
holding fault of driver for the accident - claimants preferred

appeal before High Court - High Court observed that accident
took place because the arm bolt of the truck broke and not due
to the fault of driver - awarded Rs. 2,10,000/- with 10%
interest as a compensation and directed appellant to satisfy
whole award - appellant company defended itself on the ground
that as per S. 147 and 149 of the Motor Vehicles Act is
concerned, liability of the insurer is restricted up to the
limit provided by W.C. Act - insurer-appellant preferred this
leave petition - whether appellant insurance company is liable
to pay the entire compensation to claimant or its liability is
restricted to the limit prescribed in W.C. Act held -yesfurther held that the insurance policy was for 'Act Liability'
and so the liability of appellant would not be unlimited but
would be limited as per W.C. Act - appellant directed to pay
claim amount up to the extent prescribed in W.C. Act and owner
of truck is directed to pay remaining claim amount
2004 (6) SCC 172- N.I.C v/s Prembai Patel
3- Driver hit his truck against tree- IC raised objection that
its liability is restricted to liability under the W.C Actwhether
override
sustainablestatutory
held
provisions
No-
Clause
of
Section
of
policy
167,
which
cannot
gives
26
option to claimant to opt any of the remedy provided under the

Act
2012 ACJ 23 2006 ACJ 528 SC followed
4- Claim petition under M.V. Act after getting compensation
under the W.C. Act- whether maintainable- held- yes- deceased
died due to injuries sustained by chassis of the bus owned by
the
corporation
deceased died
of
which
deceased
was
the
employee-
in motor accident claim petition under
as
M.V.
Act also, maintainable

2012 ACJ 239- 2003 ACJ 1759 (Guj) followed
5-
Doctrine
of
election-
whether
claimant
can
claim
compensation u/s 168 of the Act when he has already received

some amount under the WC Act? - Held- No.
2012 ACJ 2069 Sc judgment
followed.
6- W.C. Act- Employer suo motu paid compensation to the L.R of

deceased u/s 8 of the W.C. Act.- claim petition preferred
earlier by the L.R. Of deceased- whether I.C. Can claim that
amount paid under the W.C. Act may be deducted from the amount
of compensation which may be awarded u/s 166 7 168 of M.V.
Act?- Held- No. - Since compensation is paid u/s 8 of the W.C.
Act, Section 8 and L.R. Of deceased had not preferred any
application u/s 10 of the W.C. Act, argument of I.C. Is turned
down.
2013 ACJ 709.
7- Whether Tribunal can award compensation on the basis of
provisions contained under the W.C. Act? - Held -No.
2012 ACJ 2251 (Mad)
27
8- I.C is liable to pay entire amount of compensation and not

only under Liability of W.C. Act.
2013 ACJ 2205 (Del)
Negligence:Negligence- Apex court observed that HC was not cognizant of

the principle that in road accident claim, strict principles
of proof as required
in criminal case are not attracted- once
eye witness who has taken the claimant to the road accident
for treatment, immediately after the accident has deposed in
favour of claimant, HC was not right in holding that accident
is
not
proved
and
claimant
is
not
entitled
for
any
compensation- SC allowed claim petition of injured claimant

2011 ACJ 1613 (SC)
2-
Confessional
statement
made
by
driver
of
the
offending
vehicle, before the trial court- whether, in such situation,

claimant is required to prove the negligence of the offending
vehicle- held- no- 2011 ACJ 2548, 2011 ACJ 2568
3-
Composite
accident
negligence-
occurred
between
non-joinder
two
of
vehicles-
joint
tortfeasor-
claimant
impleaded
only one vehicle- effect of- whether the tortfeasor impleaded

can
seek
exclusion
of
liability
on
the
ground
that
other
tortfeasor has not been joined?- Held- No- Third party has a
choice of action against any of the tortfeasor but in such
situation,
claimant
Tribunal's
to
join
the
is
duty
other
bound
to
tortfeasor
either
or
pass
direct
the
the
award
against the impleaded tortfeasor, leaving it open for him to

take
independent
action
apportionment and recovery.

2012 ACJ 1103 (P&H)
against
other
tortfeasor
for
28
4- Is it incumbent upon the claimants to prove negligence of

the offending vehicle? Held -Yes- if they fail to do so, claim
petition preferred u/s 166 cannot be allowed.
2012 ACJ 1305 (SC) Surendra Kumar Arora v/s Dr. Manoj Bisla
5- Negligence- contributory negligence- claimant travelling on
rooftop- such travelling by claimant is negligent but unless
negligent act contributes to the accident- claimant cannot be
held negligent.
2012 ACJ 1968.
6-
Collision
driving
of
between
tanker-
Tanker
owner
and
and
Jeep-
driver
rash
of
and
jeep
negligent
not
joined-
whether claim petition can be dismissed on that ground?- HeldNo-
owner and driver of jeep not necessary party.
2012 AAC 2479(All)

7- Pedestrian under the influence of liquor- hit by truck from
behind- whether such pedestrian can he held liable for such
accident- Held- No.
2012 ACJ 2358 (MP).
8- Negligence- Finding with respect to negligence- whether can
be arrived at on the basis of filling of FIR and Chargesheet?
- Held- No.
2012 AAC 2701 (Del) and 2012 AAC 2934 (MP)- SC judgments
followed.
9-
Contributory
negligence-
negligent in the accident.

2013 ACJ 673.
Child-
Child
cannot
be
held
29
10- - Negligence- Conviction in the criminal Court- whether

findings
of
the
Criminal
Court
is
binding
on
the
Claims
Tribunal- Held- No.

2013 ACJ 1042.
11- Contributory Negligent- Non possession of driving licencewhether falls under it? -Held No it is not a case of
contributory negligence.- difference between contributory and
composite negligence pointed out.
2013 ACJ 1297 (Pat).
12-
Negligence- While reversing the vehicle- Guideline.
2013 ACJ 1357 (Chh)

13- Unmanned level crossing- accident by Train- whether Rail
authority is liable to pay compensation- Held- Yes.
2013 ACJ 1653.
14- Accident occurred without negligence of the driver- No
other vehicle involved- Accident occurred because truck rolled
down on the slope- Whether IC is liable? -Held Yes.
2013 ACJ 1993 (Chh)
15- Negligence- Helmet- not wearing of- deceased a pillion
rider, was not wearing helmet and IC took objection that as
deceased was not wearing held as per the traffic rules, he
contributed
in
the
accident
and,
therefore,
IC
may
be
exonerated- whether tenable?- Held- No.

2013 ACJ 2038 (Del). 2014 ACJ 869 (P&H)
16- It is no doubt true that finding of Criminal Court is not
binding
on
the
Tribunal
but
if
claimant
has
admitted
his
30
negligence
in
Criminal
Proceeding,
same
is
binding
on
the
under
the
Tribunal.
2013 ACJ 2257 (Del)
17-
Negligence-
influence
of
Contributory
the
negligence-
Alcohol-
Guidelines
driving
for
assessment
of
negligence.
2013 ACJ 2349 (Chh)
18-
Res
judicate-
negligence-
when
findings
giving
in
the
other case is not binding? - Principles stated.

2013 ACJ 2283 (MP)
19- 163-A- When it is proved that claimant/deceased himself
was negligent in causing the accident- IC is not liable to pay
compensation.
2622 (Ker) O.I. Com. v/s P.P. Nandanan
20-
Under
the
influence
of
liquor/alcohol
Negligence-
guidelines for consideration.

2013 ACJ 2712 (SC) Dulcina Fernandes v/s Joaquim Xavier.
21- Composite & contributory negligence- Whether Tribunal is
required
to
decide
quantum
of
negligence
in
case
where
claimant is third partly- Held -No.- Further held that claim

is not required to join both the tortfeasors.
2014 ACJ 704 (SC) (FB) Pawan Kumar v/s Harkishan Dass Mohan.
22- Contributory negligence- Minor- No specific evidence that
accident had taken place due to rash and negligent driving of
minor- Only because minor was not having licence to pay any
vehicle and was prohibited by law, it does not mean that minor
31
contributed in the accident. Therefore, in absence of cogent

evident it cannot be held that it was a case of contributory
negligence.
2013 1012 (SC) Meera Devi v/s HSRTC
23-163-A- When it is proved that claimant/deceased himself was
negligent in causing the accident- IC is not liable to pay
compensation.
2622 (Ker) O.I. Com. v/s P.P. Nandanan
24- Pay and recover- Accident by negligent driving of MinorLiability of Financier order of pay and recover only against
owner/financier and not against minor
2014 ACJ 660 (Del), IC is held liable to pay
and recover as
same is liable under the contractual liability. 2014 ACJ 2298

(Del)
25-- Contributory negligence- Minor- No specific evidence that
accident had taken place due to rash and negligent driving of
minor- Only because minor was not having licence to pay any
vehicle and was prohibited by law, it does not mean that minor
contributed in the accident. Therefore, in absence of cogent
evident it cannot be held that it was a case of contributory
negligence.
2014 ACJ 1012 (SC) Meera Devi v/s HSRTC
26- Negligence- Criminal Trial- Acquittal- whether order of
criminal court is binding on the Tribunal- Held- No.
2014 ACJ 1174
27- IC seeks to avoid it liability on the ground that A was
driving the vehicle- claimant claimed that vehicle was being
32
driven by B- IC sought reliance on statement made u/s 161 of

Cr.P.C and chargesheet- same
are not substantive piece of
evidence- even IC has failed to prove the contents of the same

no other evidence was produced by IC to point out that
particular person was plying the vehicle- IC held liable
2011 ACJ 2213 (ALL)
Calculation of compensation-Quantum:1-Whether deduction towards EPF and GIS be made in calculating

income of the deceased?- heldno
2011 ACJ 1441(SC), 2014 ACJ 1416 (SC) (FB) Manasvi Jain v/s
Delhi
Transport
Corporation.,
2014
ACJ
1430
(SC)
(FB)
Ramilaben Chnubhai Parmar v/s Nii Com.

2- Pregnant woman suffered injury which led to death of child
in the womb -
foetus- Rs 2 lacs awarded for the death of the
child in the womb - 2005 ACJ 69 (KAR), 2067 ACJ 2067 (MP),
2011 ACJ 2400 (MAD), 2011 ACJ 2432 (SC), 2014 ACJ 2509 (P&H),
Kusuma's case, 2011 ACJ 2432(SC) - SC judgment followed
3-Quantum- deceased last year student of B. Tech-relying upon
several Supreme Court decisions, income taken as Rs 12K per
month- 10% deducted as he was in the final year of B.Tech- RS
10,800/- as monthly income considered
2011 ACJ 2403 (AP), 2011 ACJ 2082(P&H), 2011 ACJ 1702(AP)
4- Coolie- suffered loss of hand- amputation of hand- SC held
it to be case of 100% functional disablement2011 ACJ 2436 (SC)
5- House wife- quantum- Rs 3,000/- p/m awarded
33
2011
ACJ
1670
(DEL),
Lata
Wadhwa,
reported
in
2001
ACJ
1735(SC)
In case of Arun Kumar Agrawal, reported in 2010(9) SCC 218,
Apex Court has awarded compensation taking monthly income of
wife at Rs. 5,000/- p/m.
6-Principle of assessment of quantum- determination of incomewhether HRA, CCA and MA, paid by employer should be taken in
to consideration held- yes2011 ACJ 1441 (SC)
7- Multiplier- unmarried son- proper multiplier- average age
of parents to be considered
2011 (7) SCC 65= 2011 ACJ 1990 (SC)= 2011 (3) SCC (Civil) 529Shyam Singh but differing views in P.S. Somnathan v/s Dist.
Insurance Officer, reported in 2011 ACJ 737 and Amrit Bhanu
Shali v/s NI
v/s
NI
Com., reported in 2012 ACJ 2002 and Saktidevi
Com, reported in 2010 (14) SCC 575 = 2012 (1) SCC
(Civ) 766
8-Loss of dependency- deceased lady aged 31- claimant husband,
not
financially
dependent
on
the
deceased-
whether
he
is
entitled for compensation for loss of dependency heldno

2011 ACJ 1734 (DEL)
But in case of Arun Kumar Agrawal, reported in 2010(9) SCC,
Apex Court has awarded compensation taking monthly income of
wife at Rs. 50000 p/a.
9-Deceased aged 57- multiplier of 9 awarded by SC- relying on
Sarla Verma
10-Tribunal
deducted
1/3
from
the
income
of
decease-
contention of IC that as deceased was unmarried, 50% should
34
have been deducted- whether Tribunal erred in deducting only

1/3 amount as personal expenditure?- held no
2009 ACJ 2359(SC), 2004 ACJ 699 (SC), 2006 ACJ 1058 (SC), 2008
ACJ 1357(SC), 2009 ACJ 1619 (SC)
11- Deduction in case of death of bachelor- whether it should
be 2/3 or 1/3? held 1/3 deduction is just and proper- 2009
ACJ 2359(SC)- Deo Patodi followed
2011 ACJ 2518
12-
/s
168-
compensation-
statutory
provisions
clearly
indicates that compensation must be just and it cannot be a

bonanza, not a source of profit but the same should not be a
pittance1999 ACJ 10 (SC)
13- Foreign citizen- pound or dollar- rate of exchange- the
rate prevailing on the date of award should be granted- 2002
ACJ 1441 (SC) Patricia Jean Mahajan followed
2011 ACJ 2677
14-
Receipt
of
income
in
foreign
currency-
Pound-
Dollar-
amount of compensation is required to be awarded at prevalent

rate of conversion- 2012 ACJ 349
15- Whether the dependents of agriculturist is entitled for
prospective income- Held- Yes2012 ACJ 1428 (SC) Santosh Devi
16- Compensation- determination of death of the owner of
transport company- was managing the company- can be managed by
the
manager-
in
fact,
manager
was
appointed
and
paid
Rs.10,000- SC awarded compensation on that basis and not on

the basis of actual income of the deceased.
35
2012 (3) SCC 613 Yogesh Devi.

17-
SC granted 100% increase in the actual income of the
deceased
and
deducted
only
1/10
amount
as
personal
expenditure.
2012 ACJ 2131 (SC) -N.I. A. Com. v/s Dipali.
18- No proof of income- In such case, compensation should be
assessed on the basis of minimum wages payable at relevant
time.
2012 ACJ 28 (SC)- Govind Yadav.
19- Future income in the case the case where age of deceased
is more than 50? - whether can be considered?- Held- yes but
only
in
exceptional
cases.-
K.R.
Madhusudhan
v/s
Administrative Officer, 2011 ACJ 743

20- Best example of the case where injured was a government
servant and met with accident but because of accident he did
not suffer any salary loss- good observations of House of
Lords, reported in 1912 AC 496.
2013 ACJ 79 para 20.,
In Lt. Colonel Anoop malhotra v/s Chhatar
Singh, 2014 ACJ
1991 (Raj), a case of Lt. Colonel who after the accident

declared unfit to be Lt. Colonel and was posted as Colonel in
Civil Wings. Inspite of the fact that his income did not
decrease, compensation under the other heads allowed.
21- Government servant- injury case- what should be the basis
for computation of amount of compensation?- Whether multiplier
of 5 would be applied or 25% income should be considered? Two
Views
First
says
that
multiplier
of
would
be
applicable- Dahyabhai Parmar v/s Ramavtar sharam, reported in

2006 (4) GLR 2844 and case reported in 1993 (2) GLR 1046-
36
whereas second view says that 25% of the salary income should
be considered-
Mohanbhai Gemabhai v/s. Balubhai Savjibhai,
reported in 1993(1) GLR 249 and 2013 ACJ 79 para 20.

22- In the fatal accident cases Rupees One lac may be granted
under the head of consortium and loss of estate, each and
Rupees 25K be given under the head of funeral expenditure.
2013 ACJ 1403 (SC FB) Rajesh v/s Rajinder Singh. Followed
also
in
Kalpanaraj
v/s
TSRTC,
2014
ACJ
1388
(SC).
Also
followed in Kala Devi v/s Bhagwan Das Chauhan, 2014 ACJ 2875
(SC)
23- In the case of Jiju Kuruwila v/s Kunjujamma Mohan, 2013
ACJ 2141 (SC), it is held that each child of the deceased is
entitled for Rs.1,00,000/- under the head of loss of love and
affection.
24-
Death
of
Agriculturist-
Determination
of
compensation-
Guideline given.
2013 ACJ 1481
25- Accident of Film/TV actress- Guideline for compensation
and medical bills
2013 ACJ 2161 (SC) Rekha Jain v/s N.I.Com.
26- Fatal Accident- Business man- Claimants did not adduced
any
evidence
with
respect
to
the
future
income
of
the
claimant. - Not entitled for it.

2013 ACJ 2269 (Ori)
27- Principle for assessment of compensation in the case where
minor has sustained disability- guideline.
2013 ACJ 2445 (SC) Mallikarjun v/s Division Manager.
37
28- Student of Engineering- Fatal- SC assessed compassion to

the tune of Rs.7 lakhs.
2013 ACJ 2860 (SC) - Radhakrishna v/s Gokul
29- Rs.1,25,000/- is awarded under the head of PSS and Future
Attendance Charges.
2014 ACJ 23 (Guj) Shaileshkmar Natwarji Thakore
30- Paraplegia- in such case disability shall be considered as
100%.
2014 ACJ 107 (P&H),2014 ACJ 595 (HP)
31-
Unborn
Child-
death
of-
amount
of
compensation-
guidelines.
2014 ACJ 353(Mad).
32- Injury to Advocate- Calculation of loss of Income.
2014 ACJ 617 (SC) Manjegowda, 2014 ACJ 653 (SC) Sanjay Kumar
v/s Ashok Kumar
33- Quantum of assessment of loss of Leave in the case of
government servant- principles laid down.
2014 ACJ 1090
34- Quantum Assessment in the fatal case - Ratio laid down
in
the
case
of
Rajesh
v/s
Rajbir
2013
ACJ
1403
(SC)
qua
consortium, funeral expenditure etc is followed 2014 ACJ

1261 (SC) - Savita v/s Bindar Singh. Also see 2014 ACJ 1565
(SC) Anjani Singh v/s Salauddin.
35- Whether 1/3 amount under the head of personal expenditure
can be deducted from the notional income (of Rs.3,000/-) of a
housewife?- Held- No. Good discussion.
38
2104 ACJ 1817

36- Public Document- Income Tax Certificate issued by C.A.
(Chartered
Accountant)
whether
same
is
admissible
in
evidence as same is public document?- Held- Yes.

2014 ACJ 2348 (Sikkim)
37- Interest income tax- TDS- guideline
2007 ACJ 1897 (GUJ)
38- Income Tax- Deduction from the amount of compensationinterest
received
on
the
awarded
amount
of
compensation,
amounting to more than 50,000/- Tribunal can deduct TDS on the

said amount of accumulated interest?- Held- No- Tribunal can
deduct TDS only if the amount of interest for the financial
year payable to each claimant exceeds Rs. 50000/-
2012 ACJ
1157 (MP).
In the year 2013, amendment came to made in Section 169 Income
Tax Act, and now same is made taxable.
39- Claimants are entitled for entire pay package, which is
for
the
benefit
of
the
family
is
to
be
taken
into
consideration.
2008 ACJ 614 (SC)- Indira Srivastava
2009 ACJ 2161 (SC)- Saroj
40- M.V. Act- C.P.C.1908, u/s 2- illegitimate minor son is
entitled to get any amount of compensation? -Held- Yes.
2012 ACJ 2322 (Chh).
41- Interest-
Penal interest-
whether imposition
of
higher
rate interest with retrospective effect is legal? - Held- No.

- If awarded amount is not deposited with in time allowed,
39
reasonable enhanced rate of interest may be imposed, payable

from
the
date
till
the
date
of
payment
but
not
retrospectively.
2012 ACJ 2660. SC Judgments followed.
42-
Loss
of
academic
year-
what
should
be
amount
of
compensation- Held- Rs.50,000/-.2012 AAC 3126.

43- Death of house wife- quantum should be decided on the
basis of notional income i.e. 3,000/- p.m.- 1/3 amount is not
required to be deducted as notional income is assessed.
2013 ACJ 453 (Del)- SC judgments followed.
43- Allowances like D.A., contribution of employer towards P.F
etc are part and parcel of the income of deceased? - heldyes.
2013 ACJ 504 (Del),
2013 ACJ 1441 (SC) Vimal Kumar v/s
Kishore Dan
Driving Licence:1- Whether the verification report of driving licence issued

by District Transport Officer is a public document and can be
relied
obtained
upon?by
held-
no-
private
unapproved
person
cannot
verification
be
treated
report
as
public
document
2011 ACJ 2138 (DEL)
2- IC took defense that driver was
not holding the valid
licence to drive- IC did not examine any witness in this

regard-
mere
marking
of
reliance
exhibit
on
does
document- IC held liable
the
not
exhibited
dispense
driving
with
the
licenceproof
of
40
AIR 1971 SC 1865, 2011 ACJ 1606 ((P&H)

3- Whether IC is liable even if the driver had forged driving
licence?- heldyes-mere fact of licence being forged is not
enough to absolve the IC from liability
2004 ACJ 1 (SC), 2011 ACJ 1611 (HP)
4- Driving licence- Tribunal exonerated IC, relying upon the
photo copy of the it- none of the parties have proved the
contents of photocopy of the licencewhether Tribunal erred
in exonerating IC?- heldyes-as photocopy of licence was not
duly proved
2011 ACJ 1461 (MP), 2011 ACJ 1606 (P&H ) 1971 SC 1865 relied
upon
5- Whether IC is liable even if the driver had forged driving
licence?- heldyes-mere fact of licence being forged is not
enough to absolve the IC from liability
2004 ACJ 1 (SC), 2011 ACJ 1611 (HP)
6-
Driving
licence-
DL
issued
on
7.8.79-
renewed
for
the
period between 18.11.89 to 17.11.92- again renewed for the

period
between
27.7.95
to
17.11.98-
accident
occurred
on
30.9.94- whether IC can avoid its liability on the ground that

driver was not having valid and effective DL on the date of
accident?- heldno- word effective licence used u/s 3 of
Act, cant be imported to section 149(2)- breaks in validity
or
tenure
of
DL
does
not
attract
provisions
for
disqualification of the driver to get DL- IC held liable

2011 ACJ 2337 (ALL)
7- DL- IC seeks to avoid its liability on the ground that DL
was renewed by RTO clerk and not by
authorized officer of
41
RTO- IC failed to examined the responsible officer of RTO to

prove its case- whether IC is liableheld- yes
2011 ACJ 2385 (J&K)
8- Following principles/guideline laid down by Full Bench of
SC in Para no. 108 in the case of N.I. Com. v/s Swaran Singh,
reported in 2004 (1) JT 109 = 2004 (1) GLH 691 (SC)- (also see
Point No- 103)
(i)
Chapter
XI
of
the
Motor
Vehicles
Act,
1988
providing
compulsory insurance of vehicles against third-party risks is

a social welfare legislation to extend relief by compensation
to victims of accidents caused by use of motor vehicles. The
provisions of compulsory insurance coverage of all vehicles
are with this paramount object and the provisions of the Act
have to be so interpreted as to effectuate the said object.
(ii) An insurer is entitled to raise a defence in a claim
petition filed u/s. 163A or Sec. 166 of the Motor Vehicles
Act, 1988 , inter alia, in terms of Sec. 149(2)(a)(ii) of the
said Act.
(iii) The breach of policy condition e.g. disqualification of
the
driver
or
invalid
driving
licence
of
the
driver,
as
contained in sub-sec. (2)(a)(ii) of Sec. 149, has to be proved

to have been committed by the insured for avoiding liability
by the insurer. Mere absence, fake or invalid driving licence
or disqualification of the driver for driving at the relevant
time, are not in themselves defences available to the insurer
against either the insured or the third parties. To avoid its
liability towards the insured, the insurer has to prove that
the insured was guilty of negligence and failed to exercise
reasonable care in the matter of fulfilling the condition of
the policy regarding use of vehicles by a duly licensed driver
or one who was not disqualified to drive at the relevant time.
42
(iv) Insurance companies, however, with a view to avoid their

liability must
raised
in
not only
the
said
establish the
proceedings
available defence(s)
but
must
also
establish
"breach" on the part of the owner of the vehicle; the burden

of proof wherefore would be on them.
(v) The court cannot lay down any criteria as to how the said
burden would be discharged, inasmuch as the same would depend
upon the facts and circumstances of each case.
(vi) Even where the insurer is able to prove breach on the
part of the insured concerning the policy condition regarding
holding of a valid licence by the driver or his qualification
to drive during the relevant period, the insurer would not be
allowed to avoid its liability towards the insured unless the
said breach or breaches on the condition of driving licence
is/are so fundamental as are found to have contributed to the
cause
of
the
accident.
The
Tribunals
in
interpreting
the
policy conditions would apply "the rule of main purpose" and

the
concept
of
"fundamental
breach"
to
allow
defences
available to the insurer u/s. 149(2) of the Act.

(vii)
The
question,
as
to
whether
the
owner
has
taken
reasonable care to find out as to whether the driving licence

produced by the driver (a fake one or otherwise), does not
fulfill
the
requirements
of
law
or
not
will
have
to
be
determined in each case.

(viii) If a vehicle at the time of accident was driven by a
person having
a learner's
licence, the
insurance companies
would be liable to satisfy the decree.

(ix) The Claims Tribunal constituted u/s. 165 read with Sec.
168 is empowered to adjudicate all claims in respect of the
accidents involving death or of bodily injury or damage to
property of third party arising in use of motor vehicle. The
43
said power of the Tribunal is not restricted to decide the

claims inter se between claimant or claimants on one side and
insured,
insurer
and
driver
on
the
other
(this
view
is
followed in the case of KUSUM- see point no- 101). In the

course
of
adjudicating
the
claim
for
compensation
and
to
decide the availability of defence or defences to the insurer,

the Tribunal has necessarily the power and jurisdiction to
decide disputes inter se between the insurer and the insured.
The decision rendered on the claims and disputes inter se
between the insurer and insured in the course of adjudication
of claim for compensation by the claimants and the award made
thereon is enforceable and executable in the same manner as
provided in Sec. 174 of the Act for enforcement and execution
of the award in favour of the claimants.
(x) Where on adjudication of the claim under the Act the
Tribunal
arrives
satisfactorily
provisions
of
at
proved
Sec.
conclusion
its
defence
149(2)
read
that
in
the
insurer
accordance
with
sub-sec.
has
with
(7),
the
as
interpreted by this Court above, the Tribunal can direct that

the insurer is liable to be reimbursed by the insured for the
compensation and other amounts which it has been compelled to
pay to the third party under the award of the Tribunal. Such
determination of claim by the Tribunal will be enforceable and
the money found due to the insurer from the insured will be
recoverable on a certificate issued by the Tribunal to the
Collector in the same manner u/s. 174 of the Act as arrears of
land revenue. The certificate will be issued for the recovery
as arrears of land revenue only if, as required by sub-sec.
(3) of Sec. 168 of the Act the insured fails to deposit the
amount awarded in favour of the insurer within thirty days
from the date of announcement of the award by the Tribunal.
(xi) The provisions contained in sub-sec. (4) with the proviso
thereunder
and
sub-sec.
(5)
which
are
intended
to
cover
44
specified
insurer
to
contingencies
recover
the
mentioned
amount
paid
therein
to
enable
the
under
the
contract
of
insurance on behalf of the insured can be taken recourse to by

the Tribunal and be extended to claims and defences of the
insurer against the insured by relegating them to the remedy
before
regular
circumstances
Court
in
adjudication
cases
of
where
their
on
claims
given
facts
inter
se
and
might
delay the adjudication of the claims of the victims".

9- The effect of fake license has to be considered in the
light of what has been stated by the Hon Supreme Court in New
India Assurance Co., Shimla V/s. Kamla and Ors., 2001 4 JT
235. Once the license is a fake one the renewal cannot take
away the effect of fake license. It was observed in Kamla's
case (supra) as follows:
"12. As a point of law we have no manner of doubt that a fake
licence cannot get its forgery outfit stripped off merely on
account of some officer renewing the same with or without
knowing it to be forged. Section 15 of the Act only empowers
any Licensing Authority to "renew a driving licence issued
under the provisions of this Act with effect from the date of
its expiry". No Licensing Authority has the power to renew a
fake licence and, therefore, a renewal if at all made cannot
transform a fake licence as genuine. Any counterfeit document
showing that it contains a purported order of a statutory
authority would ever remain counterfeit albeit the fact that
other persons including some statutory authorities would have
acted on the document unwittingly on the assumption that it is
genuine".
10- Motor Vehicles Act, 1988 - S. 15, 149 - liability of
insurance company - Tribunal opined that respondent-insurance
company was not liable to indemnify insured - no valid and
effective driving licence - nor renewal of driving licence -
45
whether to be considered as violation of terms of insurance

policy - held, it was found that driver of vehicle was not
having valid licence on date of accident as licence was not
renewed within thirty days of its expiry - renewal after 30
days will have no retrospective effect - there is a breach of
condition
of
contract
insurance
company
will
have
no
liability in present case - order of Tribunal as well as High

Court upheld
2008(8) SCC 165 Ram Babu Tiwari
11-(A)- Motor Vehicles Act, 1988 - S. 149(1) - motor accident
claim - liability of insurer - third party risk - Tribunal
held that accident was due to rash and negligent driving of
the scooter by driver and granted Rs. 3,01,500 as compensation
with interest at 9% per annum in favour of the claimants and
against
the
second
respondent-owner
of
the
scooter
and
appellant-insurance company - whether insurance company could

be held liable to pay the amount of compensation for the
default of the scooterist who was not holding licence for
driving
two
wheeler
scooter
but
had
driving
licence
of
different class of vehicle in terms of S. 10 of the Act held,
where
the
insurers
relying
upon
the
provisions
of
violation of law by the assured, take an exception to pay the

assured or a third party, they must prove a willful violation
of the law by the assured - provisions of sub-sec. (4) and (5)
of S. 149 of the Act may be considered as to the liability of
the insurer to satisfy the decree at the first instance liability
favour
of
of
the
a
insurer
third
to
satisfy
party
the
is
decree
passed
in
also
statutory.
11-(B)-Motor Vehicles Act, 1988 - S. 10(2) - motor accident

claim - liability of insurer - appellant insurance company
cannot be held liable to pay the amount of compensation to the
claimants for the cause of death in road accident which had
46
occurred due to rash and negligent driving of scooterist who

admittedly had no valid and effective licence to drive the
vehicle on the day of accident - scooterist was possessing
driving licence of driving HMV and he was driving totally
different class of vehicle which act of his is in violation of
S. 10(2) of the Act
2008(12) SCC 385 Zahirunisha
12- Motor Vehicles Act, 1988 - S. 149 - Constitution of India
- Art. 136 - extent of liability of insurer - motor vehicle
accident caused by driver possessing fake license at relevant
time - Tribunal rejecting the insurer's liability - validity driver, brother of owner of said vehicle - held, holding of
fake license not by itself absolves insurer of its liability but insurer has to prove that owner of vehicle was aware of
fact that license was fake and still permitted driver to drive
- on facts, insurer liability to pay compensation contradicted
- thus, balance amount of claimant and amount already paid by
insurer to claimants to be recovered from owner and driver of
vehicle
2008 (3) SCC 193- Prem Kumari v/s Prahlad Dev
13-
Motor
Vehicles
Act,
1988
S.
149(2)(a)(ii)
motor
accident - liability of insurer - in claim petition, Tribunal

held that Insurance Company is liable to pay compensation licence of driver was not issued by a competent authority contention of insurer that by employing a driver with invalid
driving licence owner insured has breached the condition of S.
149(2)(a)(ii) - held, owner had satisfied himself that the
driver had a licence and was driving completely there was no
breach of S. 149(2)(a)(ii) - if the driver produces a driving
licence, which on the fact of it looks genuine, owner is not
expected to find out whether the licence has in fact been
issued by a competent authority or not - therefore, insurance
47
company would not be absolved of its liability - in order to

avoid its liability, insurer has to prove that the insured was
guilty of negligence and failed to exercise reasonable case in
the matter of fulfilling the condition of the policy regarding
use of vehicles by a duly licensed driver or one who was not
disqualified to drive at the relevant time
Lal Chand v/s O.I.Com -2006(7) SCC
318
14- (A) Motor Vehicles Act, 1988 - u/s. 2(10) 3-9, 10, 14-16,
19-21, 23, 27, 147, 149, 163A, 165, 166 and 168 - Liability of
insurer - Breach of condition of insurance contract - Absence,
fake or invalid driving licence of driver - Disqualification
of driver - Case Law analyzed - Principles stated - Held that
provisions of compulsory insurance against third party risks
is
social
welfare
legislation
to
extend
relief
of
compensation to victims of accidents - Mere absence, fake or

invalid driving licence or disqualification of the driver are
not in themselves the defences available to the insurer - The
insurer
has
to
prove
negligence
and
breach
of
policy
conditions - The burden of proof would be on the insurer Even when the insurer proves such breach of policy conditions
in above circumstances, insurer will have to prove that such
breach was so fundamental that it was responsible for cause of
accident, otherwise, insurer will be liable - If the driver
has Learner's licence, insurer would be liable.
(B) Motor Vehicles Act, 1988 - u/s. 165, 149(2), 168, 174 The Tribunal in interpreting the policy conditions would apply
"the rule of main purpose" and concept of "fundamental breach"
to allow the defences available to the insurer - Further held
that powers of Tribunal are not restricted to only decide
claims between claimants and insured or insurer and/or driver,
it has also powers to decide the disputes between insured and
insurer
and
when
such
dispute
is
decided,
it
would
be
48
executable u/S. 174 as it applies to claimants - No separate

proceedings
are
required
Even
when
insurer
is
held
not
liable, it will satisfy the award in favour of claimants and

can recover from the insured u/S. 174 of the Act.- 2004(1) GLH
691(SC)- N.I.A. Com v/s Swaran Singh.
15-
Contention
that
driver
of
offending
vehicle
was
not
holding valid licence at the time of accident and same was

renewed after the date of accident- whether IC is liableHeld- yes
2011
ACJ
2468-
2004
ACJ
-1
and
2001
ACJ
843
both
SC)
followed.
16- U/s 149(2) (a) (ii) and 149 (4)- driving licence- policywillful breach- burden of proof- on whom- Held on IC- it is
for the IC to prove that driver did not hold the DL to drive
the class of vehicle or DL was fake and breach was conscious
and willful on the part of insured to avoid its liability.
2012 ACJ 1268 (Del). Various SC decisions referred to.
17- Driving licence- DL expired before the date of accident
and
renewed
thereafter-
clause
in
police
provides
that
person who holds or has held and not been disqualified from
holding
an
effective
driving
licence
is
entitled
to
drive
vehiclewhether IC is liable in such case- Held- yes 2012

ACJ 1566 (P & H)
18-
DL-
driver
was
not
holding
valid
DL
at
the
time
of
accident- owner not examined by IC- Whether IC can be held

liable- Held- yes. Swaran Singh followed.
2012 ACJ 1891, 2012 ACJ 1946
19- Non-possession of valid licence by scooter rider, cannot
be held to have contributed to accident when IC has failed to
examine the driver of offending vehicle.
49
2012 ACC 2635 (Del) and 2012 AAC 2895 (Mad) SC judgments
followed.
20- Production of fake licence by driver- owner verified it
and found it genuine- whether in such case, IC can avoid its
liability-held- No.
2012 AAC 2636 (Del)
21- Liability of insurer - Deceased died in mini auto accident
- Driver of offending vehicle had licence to drive light motor
vehicle/LMV and not transport vehicle - Breach of condition of
insurance apparent on face of record - Finding of fact arrived
at that vehicle in question was not proved to be a goods
vehicle is not correct as driving licence had been granted for
period of 20 years and not for period of 3 years - Insurer
therefore directed to deposit compensation amount with liberty
to recover same from owner and driver of vehicle.
2009 SC 2151- Angad Kol
22- Whether the order of pay and recover can be passed by
Tribunal, when there is dispute with respect to endorsement in
the licence?- Held- Yes- 2013 ACJ 487, at page No. 591 (para.
17).
23- Fake driving licence- IC not liable to pay compensation.
2013 ACJ 2129 (SC) U.I.I.Com v/s
Sujata Arora
24- Driver of Transport Corporation- appointed only after due

process was also given training - worked for about 6 years after the accident, it is found that he was holding
licence-
whether
under
this
circumstances,
fake
Corporation
can
held liable on the ground that it has failed it's duty to

verify the proper fact before employing such driver- Held- No.
2013 ACJ 2440 (SC)- Pepsu Road Transport Corp. v/s N.I.Com.
50
25- Whether in a claim petition preferred u/s
163A or an
application u/s 140, insurer is allowed to raise dispute qua

Section 149(2) of the Act- Held- Yes.
2014 ACJ 1 (Ker)- relied on 2010 ACJ 1896 (Chahan Harising
Padamsing)
U/s 140 2014 ACJ 71 (J&K)
26- Learner's Licence- Driver of the car was having Learner's
Licence at the time of accident - he then obtained permanent
licence - Learner's Licence gets validity from the date he got
Learner's Licence- Even no mentioning of Sign 'L' does not
make any difference.
2013 ACJ 1041
27- DL- Fake DL- IC adduced no evidence to prove that insured
committed willful default of IP- whether IC can seek to avoid
its
liability-held-
No.
Swaran
Singh
is
followed-
Copy
is
available in the folder.

2012 ACJ 2797.
28- IC took defense that driver was not holding the valid
licence to drive- IC did not examine any witness in this
regard-
mere
marking
of
reliance
exhibit
on
does
the
not
exhibited
dispense
driving
with
the
licenceproof
of
document- IC held liable

AIR 1971 SC 1865, 2011 ACJ 1606 ((P&H)
29- Driver was holding licence to ply light motor vehicledrove pick up jeep which is transport vehiclewhether IC is
liableheld- no- w.e.f
29.03.2001, no person can said to
hold an effective driving licence to drive transport vehicle

if he only holds a licence entitling him to drive light motor
51
vehicle- when there is no endorsement on driving licence to

drive transport vehicle, IC is not liable
2008 ACJ 721 (SC),
2011 ACJ 2115 (HP), 2014 ACJ 1128. But see
2014 ACJ 1117- Tractor- whether Non transport vehicle or
not
which kind of licence is required.

30-Driving licence- liability of IC- light motor vehicledriver had licence to ply auto rickshaw and was driving auto
rickshaw
that
delivery
driver
van,
was
which
not
caused
holding
accident-Tribunal
valid
licence-
held
whether
sustainableheld- no- further held that use of vehicle for

carriage of goods does not take the auto rickshaw outside the
scope and definition of light motor vehicle, which includes
a transport vehicle whose gross vehicle weight does not exceed
permissible
limit
of
7500kgs-
lastly
held
that
driver
was
holding valid licence to drive and IC is liable

2011 ACJ 1592 (ORI),
2014 ACJ 1037, 2014 ACJ 2148, 2014 ACJ
2259 (All), 2014 ACJ 2471 (Guj), 2014 ACJ 2703 (P&H)
31- U/S 149(2), (4) and ( 5) of MV Act- terms of IP IC has
right
to
contest
on
all
grounds
including
negligence
and
quantum - whether valid heldno- IC can challenged the award

only on the points available to it u/s 149 of the Act- 2011
ACJ 2253 (P&H)
32- IC sought to avoid its liability on the ground that driver
was not holding valid licence- if the licence of the driver
had lapsed that itself is not a proof that he was disqualified
from driving or he was debarred from driving said vehicle- IC
held liable- SC judgment followed.
2012 ACJ 2025 (KAN)
33- DL IC failed to prove that driver not having valid
licence- IC held liable to pay.
52
2012 AAC 3206.

34- Fake DL- report of Transport Authority was not proved in
accordance with law and excluded from evidence- order of pay
and recover passed.
2012 AAC 3344 (Del), Beer Pal v/s Arvind Kumar. 2012 AAC 3366
(Del), O.I.Com. v/s Pritam Kumar Burman.
35- Endorsement on licence- defence of- whether can be allowed
at the stage of 140?- Held- No.
2013 ACJ 598.
Private Investigator:1-Whether the verification report of driving licence issued by

District Transport Officer is a public document and can be
relied
upon?-
obtained
by
heldprivate
no-
unapproved
person
cannot
verification
be
treated
as
report
public
document.
2011 ACJ 2138 (DEL)
2-Passenger stated before the investigator that he was fare
paying passenger- said report not produced by IC along with
reply- claimant had no opportunity to rebut the said documentTribunal
relied
upon
the
report
of
investigator-
order
sustainableheld- no-as insurance Com has failed to establish

breach of policy
2011 ACJ 1688 (MP)
53
Helper- Cleaner- Coolie:1-Risk
of
proviso
cleaner
(i)
(c)
engaged
of
on
section
goods
147(1)
vehicle
of
MV
is
Act?
covered
Held-
by
yes-
insurance company is held liable to pay compensation to the

cleaner.
2005 ACJ 1323(SC), 2007 ACJ 291(AP), 2011 ACJ 1868 (AP), 2014
ACJ 1776 (Ori)
But for the case of cleaner of bus please see- 2014 ACJ 1739
(AP) IC held liable.
2-
Helper-
Act
Policy-
whether,
helper
can
be
treated
as
passenger?- Held- No. SC judgment followed.

2012 ACJ 2554 (GAU).
3- Goods vehicle- Cleaner sustained injuries- he filed claim
petition under the M.V. Act- whether, IC is liable?- Held- Yes
but only to an extent of amount of compensation admissible
under the W.C. Act.
2013 ACJ 1025.
4-
Death
of
helper-
excavator
dashed
with
the
pillar
and
helper died because, pillar fell on the helper- IC sought to

avoid its liability on the ground that helper is the employee
of
the
hirer
and
therefore,
IC
is
not
liable
Whether
sustainableheld No - As deceased was not hired on vehicle

neither he was travelling in the said vehicle.
2013 ACJ 1049.
5-163A- Driver and Cleaner sustained injuries while unloading
goods- Whether claim petition u/s 163A is maintainable?- HeldYes.
2014 ACJ 1206
54
Premium and Additional Premium:1- Act policy- goods vehicle- payment of additional premiumwhether risk of person engaged in loading/unloading is covered
and IC is liable to pay amount of compensation? -heldyes
2011 ACJ 1762 (KER)
2-
Public
risk
policy-
extent
of
liability
of
IC-
truck
hitting scooter resulting in death of pillion rider- premium

was paid for public risk liability which was more than the
prescribed
for
the
act
liability-
whether
in
this
case
liability of IC is limited as per the act? heldno- public

risk is wider term and covers entire risk faced by the owner
of vehicle- public risk would cover unlimited amount of riskIC is liable2010 ACJ 2783 (GUJ), 2011 ACJ 2029 (DEL)
3-
Payment
of
premium
was
made
on
6.12.2003-
IC
received
payment without there being all details of the vehicle and

issued policy on 29.1.2004 Accident occurred on 28.1.2004 whether in such situation IC can be held liable? -Held Yes.
2013 ACJ 1344 (J&K)
Goods as defined u/s 2(13):1- Package policy- passenger

calf-
animal-
cattle-
risk- liability of IC- cow and
claimant
travelling
along
with
his
cattle- whether IC is liable?- heldyes- u/s 2 (13) of MV

Act, goods includes, livestock
2011 ACJ 1464 (KAR)
2- Ganesh idol- whether falls with in the definition of goodsheld yes
55
2011 ACJ 2091 (KAR)
Goods Vehicle and Gratuitous Passengers:1-
Goods
vehicle
vehicleafter
owner/labourers
unloading
the
coming
goods
back
to
in
the
the
same
particular
destination- accident while in the return journey- whether IC

is
liable-
held-
yes-
as
claimant
cant
be
treated
as
unauthorized passengers
2008 ACJ 1381(P&H), 2011 ACJ 1550 (P&H)
2- Passenger risk- owner of goods sharing seat with driver of
auto
rickshaw
as
there
was
no
separate
seat
available-
liability of IC- whether is there violation of IP?- held- yesowner alone is liable - order of pay and recover
2008 ACJ 1741 (SC), 2001 ACJ 1656 (KER)
3- Whether a person who hired a goods carriage vehicle would
come
within
purview
of
Sub-sec.
of
S.
147
of
the
Act
although no goods of his as such were carried in the vehicle claimant-respondent hired
an auto
rickshaw which
was goods
carriage vehicle and he was sitting by the side of the driver

- held, if a person has been traveling in a capacity other
than the owner of goods, the insurer would not be liable - it
is well settled that term 'any person' envisaged under the
said provision shall not include any gratuitous passenger - in
a three wheeler goods carriage, driver could not have allowed
anybody else to share his seat - Tribunal and High Court
should have held that owner of vehicle is guilty of breach of
conditions of policy
2008(12) SCC 657
56
4- Goods Vehicle- Owner paid Rs.50 to cover risk of non-fare

passenger- No evidence that claimant was travelling in the
goods vehicle as gratuitous passenger- IC held liable to pay
amount of compassion.
2014 ACJ 974 (Mad)
5- Goods Vehicle- IC exonerated but Tribunal passed and order
of Pay and Recover- Whether sustainable?- Held- Yes.
2014 ACJ 1224.
6--Tractor
dashed
with
Tractor
B-
passengers
of
Tractor B got injured- insurance company sought to avoid its

liability on the ground that they were gratuitous passengerswhether sustainableheld no- IC of Tractor A is liable as
4 passengers of Tractor B were the third party for Tractor
A
2011 ACJ 2463 (MP)
7-
Marriage
party
along
with
dowry
articles
in
the
goods
vehiclewhether gratuitous passengers- held no- IC is liable

2011 ACJ 2319 (GUJ), 2012 AAC 3211 (Bom)
But also see 2009(2) SCC 75 U.I.A.com v/s Rattani- contrary
view by SC- Recent decision of Gujarat High Court in the case
of O.I.Com v.s Chaturaben Bhurabhai Pipaliya, F.A. 2741 of
2008, dated 03.04.2013 (MDSJ), 2013 ACJ 2823
8--Motor Vehicles Act, 1988 - S. 147 - liability of insurer claim petition filed by respondent, a labourer, slipped down
from trolley of tractor, allegedly was being driven rashly and
negligently
by
its
driver,
came
under
the
wheels
thereof
injuring his gallbladder and left thigh, as a result where of

he suffered grievous injuries tractor was supposed to be
used for agricultural purpose - held, no insurance cover in
57
respect of trolley - tractor was insured only for agricultural

work,
excluding
thus,
claim,
gratuitous
digging
not
earth
maintainable
passenger,
considering
of
not
empowrish
and
as
covered
condition
brick-kiln
respondent
under
and
S.
purpose
was
147
mere
however,
disability,
insurer
directed to satisfy the award with right to realize same from

owner of tractor - appeal allowed.
2007 (7) SCC 56
9-
Whether
IC
is
liable
in
case
where
passenger
were
travelling as gratuitous passengers in the private car which

is having package policy-
held Yes -
2012 ACJ 32610-
Whether
the
owner
of
goods
who
were
returning
after
unloading the goods at proper destination can be termed as

gratuitous passengers?- Held- No.
2012 ACJ 1522,
2012 ACJ 1641 (before loading, goods vehicle
met with accident- IC held liable)

11-
Pay
and
recover
order
by
Tribunal
when
deceased
was
admittedly a gratuitous passenger- whether valid- Held- yesas
gratuitous
passenger
is
held
to
third
party.
2012
ACJ
liability
of
1661(J&K)
12-
Goods
Vehicle-
gratuitous
passenger-
insurance company- Held- No.

2012 ACJ 2419
13- Goods Vehicle- Owner paid Rs.50 to cover risk of non-fare
passenger- No evidence that claimant was travelling in the
goods vehicle as gratuitous passenger- IC held liable to pay
amount of compassion.
58
2014 ACJ 974 (Mad)

14-
Comprehensive
Policy
Package
Policy-
IMT
37-
Good
Vehicle- Gratuitous Passenger- driver of the vehicle allowed 2

passengers to board in the vehicle which turn turtle IC
charged premium for Non-Fare- Paying Passenger. - Under this
circumstances, IC held liable to pay compensation.
2014 ACJ 2412 (Raj)
15- Gratuitous passengers- good vehicle- Truck stuck in the
road- passengers alighted from truck and while one of them was
pushing the truck he was crushed whether he can be termed as
gratuitous passenger?- Held- No.
2014 ACJ (HP)
Vehicle hired/leased:1- Liability of IC- minibus hired by Corporation along with

IP- driver provided by the owner who was supposed to drive as
per
the
instruction
of
the
conductor,
who
is
employee
Corporation- accident- whether IC is liableheld yes-
of
2011
ACJ 2145 (SC), 2014 ACJ 1274 (AP) UII Com v/s Sharapuram
Balavva
2- Owner- Hirer- Lease- Buses hired by Corporation and plied
them on the routes alloted to Corporation. - Injuries by such
buses- Whether IC is liable- Held Yes.
2013 ACJ 1593 (FB), 2014 ACJ 1323 (Kar), 2014 ACJ 1432 (AP),
but 2014 ACJ 1605 (Mad)- NII Com. v/s K. Vaijayanthimala.
3-
Vehicle
on
lease-
Owner
leased
his
vehicle
to
State
Department- Driver of owner- met with accident- Whether State

is liable?- Held- Yes- As per Section 2(30), owner of the
59
vehicle includes a person in possession of
vehicle subject to
agreement of lease- State held to owner and held responsible

to pay amount of compassion.
2014 ACJ 893 (Gau)
4-
Owner-Hirer
Van
hirer
by
courier
company
under
an
agreement and as per the conditions of the agreement, owner

was required to take comprehensive policy- No evidence that
driver was driving Van under the direction and supervision of
the hirer Courier Com.- Whether Hirer is liable?- Held- No.
2014 ACJ 1790 (Mad)
Which kind of licence required for LMV-LGV-HGV-HTV-MGV:1- Driver was holding licence to ply light motor vehicledrove pick up jeep which is transport vehiclewhether IC is
liableheld- no- w.e.f
29.03.2001, no person can said to
hold an effective driving licence to drive transport vehicle

if he only holds a licence entitling him to drive light motor
vehicle- when there is no endorsement on driving licence to
drive transport vehicle, IC is not liable
2008 ACJ 721 (SC),
2011 ACJ 2115 (HP), 2014 ACJ 1128. But see
2014 ACJ 1117- Tractor- whether Non transport vehicle or
not
which kind of licence is required.

2-Driving licence-
liability of
IC-
light motor
vehicle-
driver had licence to ply auto rickshaw and was driving auto
rickshaw
that
delivery
driver
was
van,
not
which
caused
holding
accident-Tribunal
valid
licence-
held
whether
sustainableheld- no- further held that use of vehicle for

carriage of goods does not take the auto rickshaw outside the
scope and definition of light motor vehicle, which includes
a transport vehicle whose gross vehicle weight does not exceed
60
permissible
limit
of
7500kgs-
lastly
held
that
driver
was
holding valid licence to drive and IC is liable

2011 ACJ 1592 (ORI),
2014 ACJ 1037, 2014 ACJ 2148, 2014 ACJ
2259 (All), 2014 ACJ 2471 (Guj), 2014 ACJ 2703 (P&H)
3- Motor Vehicles Act, 1988 - u/s. 149, 163A, 166 and 170 Vehicle was used as a commercial vehicle - Driver was holder
of licence to drive LMV - Driver not holding licence to drive
commercial
vehicle
Breach
of
contractual
condition
of
insurance - Owner of vehicle cannot contend that he has no

liability to verify as to whether driver possessed a valid
licence - Extent of third party liability of insurer - Death
of a 12-year girl in accident - Claimants are from poor background - After having suffered mental agony, not proper to
send them for another round of litigation - Insurer directed
to pay to claimants and then recover from the owner in view of
Nanjappan's case [2005 SCC (Cri.) 148].
4- Motor Vehicles Act, 1988 - S. 10(2) - motor accident claim
- liability of insurer - appellant insurance company cannot be
held liable to pay the amount of compensation to the claimants
for the cause of death in road accident which had occurred due
to rash and negligent driving of scooterist who admittedly had
no valid and effective licence to drive the vehicle on the day
of accident - scooterist was possessing driving licence of
driving HMV and he was driving totally different class of
vehicle which act of his is in violation of S. 10(2) of the
Act
2008(12) SCC 385 Zahirunisha
5- Death of workman who was sitting on the mudguard- IC sought
to avoid its liability on the ground that driver was holding
License to drive heavy transport vehicle but he was driving
tractor
which
did
not
conform
to
the
particular
category-
61
License for higher category of vehicle will not amount to

valid and effective DL to drive a vehicle of another categoryIC is held not liable2012 ACJ 179
6- licence- endorsement on licence- Specific endorsement to
ply a transport vehicle is necessary.
2013 ACJ 487 & 668 IMP- Relied on 2006 ACJ 1336- Kusum Rai,
2008 ACJ 627 N.I. A.Co. v/s Prabhulal , 2008 ACJ 721, N.I.Com.
v/s
Annappa
endorsement
O.I.Com.
Irappa
is
v/s
Nesaria
required
Angad
Kol
from
(wherein
it
28.03.2001),
(wherein
it
is
is
held
that
2009
ACJ
1141,
held
that
for
non
passenger/ non transport vehicles, licences are issued for 20

years whereas for passengers vehicles they are issued for 3
years only).
7- LMV- whether tractor is light motor vehicle? - Held- yes,
as defined u/s 2(21) of the Act.
2013 ACJ 1160, 2014 ACJ Sudha v/s Dalip Singh (P&H), 2014
ACJ 2817 (Chh)
2558- Tractor is LMV and Car /Jeep are also LMV and, therefore,
driver who was holding DL to drive LMV (Car/Jeep) can also
drive Tractor.
2013 ACJ 2679- Ghansham v/s O.I.Com.
9-- Tractor DL-
LMV & HTV- Tractor is defined u/s 2(44)-
Whether for driving Tractor, separate licence is required?Held- Yes.

2014 ACJ 854 (P&H).
10- Badge- Vehicle of same category
62
2014 ACJ 1180

LMV can be equated with LGV for the purpose of Driving Licence
(DL)? - Held yes. - Same cannot be termed as breach of IP.
2014 ACJ 2873 (SC)
- Kulwant Singh v/s OI Com.
- S. Iyyappa
v/s UII Com, 2013 ACJ 1944 followed

11- DL- LMV LGV Accident occurred prior to the amendment
which came into effect from of 21.03.2001 - Driver was holding
DL to drive LMV but was driving LGV Whether IC can be held
liable?-
Held-
Yes.
2008
ACJ
721(SC)-
Annappa
Irappa
Nesaria.
2014 ACJ 1828 (Raj)
commercial
vehicle
Breach
of
contractual
condition
of

2006(2) GLH 15 (SC) N.I.A Com v/s Kusum Rai.
Following Kusum Rai judgment, Delhi High Court in the case of
O I Com. v/s Shahnawaz, reorted in 2014 ACJ 2124 has held that
driver of offending vehicle was possessinng lincence to ply
LMV (Non-transport) but was plying Tata Sumo registered as
Tourist
Taxi
compensation.
and,
therefore,
IC
is
not
liable
to
pay
63
13- Liability of IC- to avoid liability, IC had to prove that

owner of the vehicle knew that driver was not having valid
driving licence- Driver was having licence to ply LMV, MGV and
HGV- IC did not led any evidence to prove that owner knew
about driver being incompetent to ply passenger vehicle.2012 AAC 3302 (J & K) - N.I. Com. v/s Mst. Bakhta., 2014 ACJ
1037
14- Central M.V. Rules- Rule 16- Tractor Driving licence- Rule
16 provides that every licence issued or renewed shall be in
Form VI which provides for grant of licence in respect of LMV
or Transport Vehicle amongst other categories but there is no
specific entry for issuance of licence for driving a Tractor.
As
per
Section
2(44),
by
definition
Tractor
is
LMV
and,
therefore, when driver has licence to ply LMV, he can also ply
Tractor.
2014 ACJ (P&H)
15-DL Valid DL IC disputed its liability on the ground
that driver of offending vehicle was holding DL for driving
LMV but actually at the time time accident, he was driving LMV
(commercial) liability to prove that driver of offending
vehicle
had
no
valid
DL
at
the
time
accident,
is
on
the
shoulder of IC.
2015 ACJ 340 (Del) but also see 2015 ACJ 576 (AP)
Avoidance Clause:1-
Motor
Vehicles
Act,
1939
S.
96
motor
accident
liability of insurance company - liability of insurer limited

upto Rs. 50,000/- as per limits of policy - High Court found
that insurer was liable upto Rs. 50,000/- but gave direction
to pay claimants entire amount of compensation, but would be
64
entitled to recover amount excess in its liability from owner

of vehicle - avoidance clause in policy provided that nothing
therein would affect the right of person who is entitled to
indemnification from insurer to recover under S. 96 of the Act
- whether, directions given by High Court in consonance with
terms
of
policy
held,
considering
avoidance
clause
in
policy, the directions given by High Court are in terms of

policy,
2011 ACJ 2878 (SC), Santaben Vankar 2011 (3) GCD 2101 (GUJ)=
2012 AAC 2528
Injuries and Disabilities:1- Injury case- doctor assessed disability as 75%- doctor was
cross examined at length but nothing adverse was traced outTribunal
and
HC
assessed
disability
at
50%,
without
there
being any cogent reason- whether proper- held no once

doctor has opined that injured has sustained 75% disability
and nothing adverse was traced out in his cross examinationTribunal and HC erred in assessing disability as 50%
2011 ACJ 2466 (SC) D.Sampath versus U.I.I. Com. Ltd,
Rudra
versus Divisional Manager, reported in 2011 SC 2572 =2011 (11)

SCC 511.
2-
Leg
injuries
resulted
in
fracture-
Doctor
access
disablement as 20-25% by observing that there is deficiency in

the muscle- same was
not believed by the lower Courts
by
holding that same did not result into permanent disablementSC overruled the same
2012 ACJ 1459 (SC) Manoj Rathod
3- Doctors cannot be called to prove documents with respect to
prolonged treatment unless they create doubt-
65
2012 ACJ 1847

4- Whether the disability certificate issued by the private
hospital is admissible in view of
Rule 10.2 of the Rajasthan
M.V. Rules, 1990- Held- No.

2013 ACJ 1236 (Raj)
5- Amputation- Whether the victim is entitled for compensation
under the head of
'permanent Disablement'- Held- Yes.
2013 ACJ 1935 (SC) S. Manickam v/s Metropolitan Transport

6- Arm amputation- Whether claimant is entitled for any amount
under the head of loss of amenities over and above the loss of
earning capacity.
2013 ACJ 2122 (SC) Neerupam Mohan Mathur v/s New India I.Com
7- Fracture of Pelvis and Uretha, resulting in impotence- High
amount of compensation granted by SC
2013 ACJ 2131 (SC) G. Ravindranath v/s E. Srinivas
8-
Amputation-
left
hand-
Calculation
of
amount
of
compensation2014 ACJ 648 (SC) (FB) M.D. Jacob v/s UII Com., 2014 ACJ
1375 (SC) (FB) M.K. Gopinathan, 2014 ACJ 1412 (SC)
(FB)-
Dinesh Singh
9- Fracture Injuries to minor intelligent girl- good academic
career- determination of compensation- Guideline.
2014 ACJ 1441 (SC) V. Menka v/s M. Malathi
66
Review:1- Whether review is maintainable- held no several SC

judgements followed
2011 ACJ 2720, 2012 AAC 3007 (All)- 2011 SCW 2154, 1999 (1)
TAC 449, 2013 ACJ 1130, 2013 ACJ 1892 (All), 2014 ACJ 2836
(All)
Employees State Insurance Act and Employee's Compensation
Act :1- E.S.I. Act
u/s 28, 53 and 61-
bar u/s 53 and 61 against
receiving of compensation under any other Law- employee of

Telecom Dept., insured under E.S.I. Act- he was traveling in
department's
jeep
met
with
accident-
fatal-
contention
raised that in view of the bar imposed u/s 53 and 61 of E.S.I

Act, claim petition under M.V is not maintainable- whether
sustainableheld- no- section 28 does not cover accidental
death while traveling in a vehicle on road and therefore claim
petition under M.V. Act is maintainable
2012 ACJ 233
2-
Employee
insured
under
the
ESI
Scheme-
Whether
claim
petition under the M.V. Act or W.C. Act is maintainable?Held- No.

2013 ACJ 865
But
claim
against
petition
employer.
is
ESI
maintainable
Act
does
when
not
bar
it
is
right
compensation against third party under the MV Act.

2013 ACJ 1581
not
filed
to
claim
67
3- Employee's Compensation Act Driver of ST bus his LR can

file claim petition either before MACT or under Employee's
Compensation but not under both.
2015 ACJ 20 (Guj)
- Gulamrashul Malek v/s/ GSRTC
4- Ex Gratia payment can be deducted from the final amount of

compensation?- Held- No.
2015 ACJ 168 (MP)
Life Insurance:1-- Life Insurance- Double accident Benefit- Whether can be

allowed- Held- Yes
2014 ACJ 1237
Medical Reimbursement:1- Medical reimbursement- claimant got the same as he was

medically insured- whether IC is under statutory duty to pay
medical bill, though same is reimbursement by the claimantheld no- IC is not statutorily liable to pay medical bill as
same is reimbursed under medical policy
2011 ACJ 2447 (DEL)
Family Pension:1-Quantum- Medical Policy- whether amount received under the

medical policy is deductible from the amount of compensation?
- Held -No.- SC decisions referred.
68
2012 ACJ 1114 (Ker) Family pension is also like wise- 2012
ACJ 1197(Bom)
Compassionate Appointment:1- Compassionate appointment given to widow- whether Tribunal

can deduct dependency benefit on that count?- Held- No.
2012
(2)
GLH
246.-
Girishbhai
Devjibhai,
2012
AAC
3065
(All)- SC judgments followed. - 2013 ACJ 129 (P&H). 2014 ACJ

822 (Guj)
2- In the decision rendered by the Division Bench of this
Court
in
the
case
of
LIC
v.
L.R.
of
deceased
Naranbhai,
reported in 1972 GLR 920, it is held that the amounts received

by the claimant on account of the insurance taken by him for
his
own
benefit
benefit
and
and
such
with
benefit
his
own
could
money,
not
be
is
deducted
collateral
from
the
compensation amount. The co-ordinate Bench of this Court in a

case viz.
Dayaljibhai Manibhai
Patel v.
Erachsha Dhanjisha
Variyava in First Appeal No. 402 of 1986 has decided on 28th

July, 2006, had taken a same view.
Pillion Rider:1-
Pillion
rider-
Act
Policy-
liability
of
IC-
death
of
pillion rider- IC disputed its liability on the ground that

policy was statutory policy and it did not cover the risk of
pillion rider- statutory policy covers the risk of TP only and
it
did
not
cover
risk
of
pillion
rider
and
gratuitous
passenger
2003 ACJ 1 (SC), 2006 ACJ 1441 (SC), 2009 ACJ 104 (SC)
69
2- One of the two pillion riders injured- Tribunal held that

both
drivers
were
negligent
in
causing
accident
and
their
respective blame being 75:25 between bus driver and mopedwhether pillion rider is responsible for accident?- held- yesas he had violated traffic rules- 25% deducted from awarded
amount
2011 ACJ 1766 (MAD) but see 2013 ACJ 1227 ((HP), 2013 ACJ 2008
(MP), 2014 ACJ 1287 (Raj), 2014 ACJ 1762, 2014 ACJ 2425 (P&H),
2014 ACJ 2699 (Raj), 2014 ACJ 2808 (P&H)
3- Act policy- statutory policy- pillion rider- whether IC is
liableheld no- such policy covers the TP risk only and not
of pillion rider- IC held not liable
2003 ACJ 1 (SC), 2006 ACJ 1441 (SC), 2009 ACJ 104 (SC) But
when extra premium is paid (package policy) to cover the risk
of pillion rider IC is liable to pay to pillion rider also
2011 ACJ 2100(KAR)4-Pillion rider of motor cycle- package policy whether IC is
liableheld- yes as insured had paid premium to cover the
damage to the vehicle and pillion rider
2011 ACJ 2100 (KAR)
5- Motor accident - insurance claim - deceased was travelling
as a pillion rider - fell down from the scooter and succumbed
to the injuries - claim repudiated by insurance company on
ground
that
deceased
being
gratuitous
passenger
and
insurance policy did not cover risk of injury or death of such

passenger - whether pillion rider on a scooter would be a
third party within the meaning of S. 147 of the Act - held,
liability of the insurance company in a case of this nature is
not extended to a pillion rider of the motor vehicle unless
the requisite amount of premium is paid for covering his/her
70
risk (ii) the legal obligation arising u/s. 147 of the Act
cannot be extended to an injury or death of the owner of
vehicle or the pillion rider (iii) the pillion rider in a two
wheeler
was
not
to
be
treated
as
third
party
when
the
accident has taken place owing to rash and negligent riding of

the scooter and not on the part of the driver of another
vehicle
2008(7) SCC 428
6-
Motor
Vehicles
Act,
1988
S.
147,
157,
217
motor
accident - liability of the Insurance Company towards third

party - two wheeler of respondent no. 5 was insured with the
appellant company - however, an endorsement regarding pillion
rider was not included in the Insurance Contract - two wheeler
was sold to respondent no. 1 during the period of availability
of insurance cover - sale was not intimated to the Insurance
Company - as a result of an accident, the pillion rider died compensation awarded by Tribunal - held, the Act of 1988 is
applicable to the case as the accident took place after the
commencement of the Act, 1988 - the statutory insurance policy
did
not
cover
the
risk
of
death
of
or
bodily
injury
to
gratuitous passenger - therefore, the Insurance Company is not

liable to pay compensation for the death of the pillion rider
-
further,
failure
to
intimation
for
the
transfer
of
the
vehicle would not effect third parties claim for compensation

2006(4) SCC 404 U.I.I.Com v/s Tilak Singh
7- U/s 147(1)- package policy- pillion rider- liability of IC
is sought to be avoided on the ground that no additional
premium has been paid to cover risk of pillion rider- IRDA in
its clarification circular mentioned that passenger carried in
private vehicle and pillion riders are covered under the terms
and conditions of Slandered Motor Package Policy- When vehicle
is covered under the package policy- IC is to be held liable
71
2011 ACJ 2527 (Ker)

8- Two pillion rider- offending tractor dashed with said bikeRider of bike could not see the tractor as same was not having
head
lights-
sustainable?-
Tribunal
Held-
exonerated
Yes-
Only
rider
because
of
bike-
rider
of
whether
bike
had
allowed, two pillion rider to travel on the bike does not lead
to infer that rider of bike had contributed in causing the
accident.
2012 ACJ 2678(MP)- 2008 ACJ 393 (MP).
9- Meaning of 'Unnamed Passenger'- would mean pillion rider
and not the driver of two wheeler.
2014 ACJ 101 (Chh)
10- Motor accident - insurance claim - deceased was travelling
as a pillion rider - fell down from the scooter and succumbed
to the injuries - claim repudiated by insurance company on
ground
that
deceased
being
gratuitous
passenger
and
insurance policy did not cover risk of injury or death of such

passenger - whether pillion rider on a scooter would be a
third party within the meaning of S. 147 of the Act - held,
liability of the insurance company in a case of this nature is
not extended to a pillion rider of the motor vehicle unless
the requisite amount of premium is paid for covering his/her
risk (ii) the legal obligation arising u/s. 147 of the Act
cannot be extended to an injury or death of the owner of
vehicle or the pillion rider (iii) the pillion rider in a two
wheeler
was
not
to
be
treated
as
third
party
when
the
accident has taken place owing to rash and negligent riding of

the scooter and not on the part of the driver of another
vehicle
2008(7) SCC 428
72
Commencement of Policy and Breach of Policy:1--Policy commencement of - premium accepted on 3.5.97- but
cover note specified the effective date of commencement as
5.5.97, as 3.5.97 was holiday- IC contended that at the date
of
accident
existence-
i.e.4.5.97,
whether
IC
there
is
was
liable-
not
effective
held-
yes-
policy
in
contract
of
insurance comes in to effect from the date of acceptance of

premium- more particularly when IC had received the premium
prior to the date of accident
2011 ACJ 1728 (BOM)
2- Accident occurred on 20.5.85 at 7.45 pm- IP valid from
20.5.85
to
19.5.86-
IP
does
not
speak
about
the
time
of
commencement of policy-when policy is silent about the time of

its commencement, starting time has to be taken as from the
midnight of 20.5.85 and its ends at 2400 hrs on 19.5.86- Ic
held liable
2011 ACJ 2394 (DEL)
3-An insurance policy, in law, could be issued from a future
date. A policy, however, which is issued from a future date
must be with the consent of the holder of the policy. The
insurance company cannot issue a policy unilaterally from a
future date without the consent of the holder of a policy
2009 (13) SCC-370 Blabir Kaur v/s N.I.A.Com
4- u/s 147 (1)- Insurance Act u/s 64-VB- IC tried to avoid its
liability
on
the
ground
that
police
has
not
come
into
existence as verification of vehicle was not done- whether

sustainable- Held- No- once premium is paid, IC cannot avoid
its liability- 2012 ACJ 1322
5- Commencement of policy- starts when?- It starts when entire
amount
of
premium
is
paid/made
and
it
does
not
make
any
73
difference
when
policy
is
made
effective.-
2013
ACJ
2493
(Mad)- O. I. Com. v/s Venkataraman, dated 18.07.2012.

6- Section 64-VB commencement of policy whether IC can
defer assumption of risk to a later point of time other than
from the date and time of receipt of the premium?- Held- No.Insurance Policy (IP) under the MV Act stand on differnet
footing than the other IP
2014 ACJ 2847 (Chh) SC judgments followed.
7- One of the grounds which is available to the Insurance
Company for denying its statutory liability is that the policy
is void having been obtained by reason of non-disclosure of a
material fact or by a representation of fact which was false
in some material particular - once a valid contract is entered
into, only because of a mistake, the name of original owner
not been mentioned in the certificates of registration, it
cannot be said that the contract itself is void - unless it
was shown that in obtaining the said contract, a fraud has
been practiced - no particulars of fraud pleaded- IC held
liable
2009 (1) SCC 58.
8- Private vehicle- breach of policy- in FIR it is stated that
vehicle was hired- IC disputed its liability relying on the
word hired in FIR- eye witnesses deposed that vehicle was
borrowed from the friend and denied that it was hiredwhether IC is liableheld- yesas IC has neither confronted
the witnesses with the statement made by them in FIR nor
examined the IO or RTO officer
2011 ACJ 1482 (SIK)
9- Liability of IC- in tariff, under 'Limits of Liability' it
is mentioned 'As required by Law' and not 'Act Policy'
74
words
explained.
In
such
situation,
IC
is
liable
to
pay
awarded by the Tribunal.

2012 AAC 3136.
10- Farmer's Package Policy- Tractor-trolley- purpose use of
- guideline for assessment of liability of IC.
2014 ACJ 1691 (Mad)
Driver-Owner:1- Two vehicular not driven by owner but the deceased- no

additional premium was paid to cover the risk of other than
the owner of vehicle-Whether IC is liableheld- no - 2009 ACJ
998 (SC)
2- Act policy- deceased was not the owner of the car- IC seeks
to avoid its liability on the ground that deceased was driving
the car without the consent of the owner- owner deposed that
deceased was driving the car with his consent- whether IC is
liableheld- no- deceased stepped in to the shoes of the
owner
2009 ACJ 2020 (SC), 2011 ACJ 2251 (P&H)
3- Death of the owner of the truck IC disputed its liability
on the ground that there is Act policy and risk only TP is
covered- sustainable- heldno- it was proved by the claimant
that
extra
premium
was
paid
and
IC
has
deliberately
mentioned the nature of policy in the cover note-
not
IC failed
to discharge its burden and prove that policy was Act policy
and ICs liability was restricted to statutory liability- IC
held liable
2011 ACJ 2275 (SIK)
75
4- S. 147, 166 - motor accident - owner himself involved in

accident, resulting in his death - he himself was negligent accident did not involve any other motor vehicle - liability
of
Insurance
Company
claim
petition
under
S.
166
maintainability of - held, liability of insurer-company is to

the
extent
of
indemnification
of
insured
against
injured
persons, a third person or in respect of damages of property if insured cannot be fastened with any liability, question not
arise - additional premium under the insurance policy was not
paid in respect of entire risk of death or bodily injury of
owner of vehicle - present case did not fall under S. 147(b)
as it covers a risk of a third party only -2007(9) SCC 263
Jumma Shaha
5-
Motor
Vehicles
Act,
1988
S.
147
question
for
consideration as to whether comprehensive policy would cover

risk of injury to owner of vehicle also - Tribunal directed
driver and insurance company to pay compensation to appellantowner of vehicle - appellant challenged order whereby it was
held that as appellant was owner of vehicle insurance company
is not liable to pay him any compensation - insurance policy
covers liability incurred by insured in respect of death of or
bodily injury to any person carried in vehicle or damage to
any
property
heading
'Own
of
third
damage'
party
is
for
whether
covering
premium
paid
liability
under
towards
personal injury - held, S. 147 does not require insurance

company to assume risk for death or bodily injury to owner of
vehicle - where owner of vehicle has no liability to third
party, insurance company also has no liability also - it has
not been shown that policy covered any risk for injury to
owner himself - premium paid under heading 'Own damage' does
not
cover
liability
towards
personal
injury
premium
is
towards damage to vehicle and not for injury to person of

owner - appeal dismissed.
76
2004 (8) SCC 553 Dhanraj v/s N.I. A. Com

6-
Motor
Vehicles
Act,
1988
S.
147
question
for
consideration as to whether comprehensive policy would cover

risk of injury to owner of vehicle also - Tribunal directed
driver and insurance company to pay compensation to appellantowner of vehicle - appellant challenged order whereby it was
held that as appellant was owner of vehicle insurance company
is not liable to pay him any compensation - insurance policy
covers liability incurred by insured in respect of death of or
bodily injury to any person carried in vehicle or damage to
any
property
heading
'Own
of
third
damage'
party
is
for
whether
covering
premium
paid
liability
under
towards
personal injury - held, S. 147 does not require insurance

company to assume risk for death or bodily injury to owner of
vehicle - where owner of vehicle has no liability to third
party insurance company has no liability also - it has not
been shown that policy covered any risk for injury to owner
himself - premium paid under heading 'Own damage' does not
cover liability towards personal injury - premium is towards
damage to vehicle and not for injury to person of owner appeal dismissed.
2009(2) SCC 417 N.I.A v/s Saddanand Mukhi
7-
Managing
Trustee
died
registered in his name-
in
the
accident-
Vehicle
was
whether he can be held as owner?
-Held- No.
2012 ACJ 1886
8- Non-joinder of driver- IC did not agitated the same during
trial, though plea of non-joinder was taken in WS- Whether,
such plea can be allowed to be raised at the time of final
hearing or appeal? - Held- No.
2012 ACJ 2647. SC judgments followed.
77
9- Act policy Goods vehicle- Whether IC is liable to pay

compensation to the employees of the hirer? Held- No- IC is
liable to pay compensation only to the employees of owners.
2013 ACJ 1- Sanjeev Samrat.
10- Death of the owner of the jeep- in such case, IC is not
liable to pay compensation.
2013 ACJ 1382. (Del)
11- Motorcycle- Motorcyclist driving motorcycle at moderate
speed applied brake in stagnant rain water, vehicle skidded
and
he
sustained
injuries-
IP
cover
risk
of
Driver-Owner-
Tribunal found that there was no negligence on the part of the

motorcyclist- Whether in such situation IC is liable?- HeldYes- In view of the IMT 15.
2014 ACJ 721 (Mad).
12- Owner-driver Wife is a owner of the vehicle which bing
driven by deceased husband- whether husband can be said to be
third party for wife?- Held- No.- As he stepped in to the shoe
of the owner- Only entitled for Rs.2,00,000.
2014 ACJ 1524 (UK). Also see 2014 ACJ 1574 (Del), wherein it
is held that as per
IMT GR-36
personal accident cover is
available to the owner of insured vehicle holding valid and

effective
licence
but
anybody
driving
the
vehicle
with
or
without permission of the owner cannot be taken as ownerdriver.

13-
Owner-cum-driver
Additional
premium
of
Rs.2,00,000/-
paid Whether IC is liable to pay?- Held -Yes as same is

covered under compulsory accident cover.
2014 ACJ 2195 (Mad)
78
14-
Driver-
on
deputation-
whether
temporary
employer
is
liable to make good to the temporary employee who is working

on deputation with it?- Held- Yes.
2014 ACJ 2791 (Bom).
15-- Owner travelling along with his goods which was being
driven
by
driver
and
accident
occurred
and
owner
sustain
injuries whether IC is liable to pay compensation?- HeldNo. As owner cannt be held to be Third Party.
2014 ACJ 2869 (AP)
- Dhanraj v/s NIA Com, 2005 ACJ 1 (SC)
followed.
16- Jeep driven by father of the owner- policy covers only six
passengers- actually
11 passengers were travelling- jeep fell
in to ditch resulting death of all passengers- IC is liablenot for all claimant- IC is directed to pay compensation and
further ordered to
recover from the owner and driver
2011 AIR SCW 2802- K.M. Poonam

17- Driver-owner held responsible for causing the accidentother vehicle which dashed with the vehicle of driver-owner,
did not have valid and effective policy- Tribunal jointly held
driver-owner and driver of the other vehicle responsible in
the said accident and directed the IC of the driver-owner to
pay compensation-
whether sustainable-
Held- No-
As policy
covers only TP and not owner.

2013 ACJ 393 (Cal)- SC judgments followed.
Travelling on roof-top of the bus:1- Travelling on roof top- IC seeks to avoid its liability on
that count- Tribunal found deceased to be partly negligent and
79
allowed claim petition partly- whether sustainableheld- yesas IC failed to prove that deceased was not holding the valid
tickets2011 ACJ 2156 (ALL)- also see 2014 ACJ 17 (P&H), 2014 ACJ 2690
(MP)
2-
Travelling
on
the
roof
top-
whether
it
is
case
of
contributory negligence?- Held- No as passengers are at the

mercy of the bus operators.
2013 ACJ 1058, 2013 ACJ 2834.
Private Vehicle:1- Private vehicle- breach of policy- in FIR it is stated that

2011 ACJ 1482 (SIK)
2- IC seeks to avoid its liability on the ground that deceased
and other injured students were travelling in privet jeep,
which they had taken on hire-comprehensive policy covers the
risk
of
liability
held-
inmates
on
terms
of
private
the
ground
in
policy
vehicle-
that
deceased
which
IC
cannot
was
discriminate
paid
avoid
its
passenger-
liability
of
insurance company for paid inmate and gratuitous passengers ,

held discriminatory and illegal-2011 ACJ 1831 (KAR)
3- Private car policy- gratuitous passengerswhether IC is
laible?- Held -no.
2012 ACJ 1880
80
4-
Act
Policy-
private
vehicle-
liability
of
insurance
company- no evidence produced by IC to avoid its liability.

Deceased cannot be said that they were gratuitous passenger
when they were travelling in private car.
2012 ACJ 2451 (Ori).
5- Private vehicle/car - package policy- whether occupants of
the said vehicle be treated as TP?-
Whether IC can be held
liable to pay compensation to such occupants?- Held- yes.

2013 ACJ 321 (SC) O.I.Com. v/s Surendra Nath Loomba. Also
see, Blalakrishan judgment.
6-Private
vehicle-
Package
policy-
comprehensive
policy-
owner-cum-driver additional premium paid by owner- whether

under such situation IC can be held liable to pay amount of
compensation?- Held-
Yes. -
National Insurance
company v/s
Balakrishnan, 2013 ACJ 199 (SC) followed.

2015 ACJ 379 (Sik)
17-Private
vehicle-
owner
of
private
car
died
due
the
negligent driving of the car owned by the deceased- along with

owner, his son was also travelling in the said car and he also
died in the said car accident- mother of the minor filed claim
petition without joining her husband/owner as party opponent
but
joined
only
IC-
whether
in
such
situation,
her
claim
petition is maintainable?- Held- Yes.

2015 ACJ 531 (HP)
Permit:1-
IC
seeks
to
avoid
its
liability
on
the
ground
that
offending vehicle was being plied without permit- duty of IC
81
to verify the fact that permit of vehicle was valid or not at

the
time
vehicle
of
insuring
without
valid
the
vehicle-
permit
IC
cannot
having
seek
insured
exemption
the
from
liability
2011 ACJ 1683 (UTK)
2- Permit- IC seeks to avoid its liability on the ground that
owner of Taxi, which hit the pedestrians had violated terms
of policy as taxi could not have been used in a public place
after expiry of permit- policy was found to be valid- no case
of IC that passengers were being carried for hire and reward
and policy did not cover the case of TP- victim did not suffer
injuries while travelling in the taxi for hire or rewardmere
expiry
of
permit
would
not
absolve
IC
to
pay
compensation, as no provision of MV Act is shown by IC to

point out that owner of taxi was under legal obligation, not
to ply taxi after the expiry of permit
2011 ACJ 2242 (KER)
3- Vehicle was insured but not having valid permit- breach of
policy- order of pay and recover passed.
2012 AAC 3234.
4- Valid permit- IC sough to avoid its liability on the ground
that terms and conditions of the policy is violated- Whether
sustainable- Held- No2013 ACJ 788
5- Route permit Breach of policy- When there is breach of
policy, IC is not liable to pay amount of compensation.
2013 ACJ 1008. Similar view is taken by HP High Court in the
case of OI Com. v/s Samila, 2013 ACJ 2785 Also see Note 326
82
IC is liable to satisfy the TP claim even if route permit is

violated.- 2014 ACJ 1597 (P&H) NII Com. v/s Anuradha. Also
see 2014 ACJ 2039 Pawan Kumar v/s Jaswant Kaur.
6- Violation of Permit- alleged that offending vehicle was
being plied at the place where it had no valid permit to plywhether on this count IC can avoid it's liability- Held -No.
2013 ACJ 2282 (P&H)
7- Permit- When can it be said said owner/driver has violated
terms and condition of the permit and same is fundamental
breach.
2013 ACJ 2570 (Del). Mahender Singh v/s O.I.Com. 2013 ACJ 2589
(Del)
8- Route permit- when there is violation of route permit, IC
is not liable to pay amount of compensation- order of Pay and
Recover can be passed.
2014 ACJ 160 (HP)- 2004 ACJ 2094 (SC) Challa Bharathamma
followed.
Contrary view is taken in 2014 ACJ 1284.- IC held not liable
to pay compensation.
9- Breach of policy and permit- overloading- order of pay and
recover passed.
2014 ACJ 385 (Mad).
10- Permit- IC sought to avoid its liability on the ground
that
driver
of
offending
vehicle
was
not
possessing
authorization card- Whether it amount to fundamental breach?Held- No.

11-
IC
seeks
to
avoid
its
liability
on
the
ground
that
offending vehicle was being plied without permit- duty of IC
83
to verify the fact that permit of vehicle was valid or not at

the
time
vehicle
of
insuring
without
valid
the
vehicle-
permit
IC
cannot
having
seek
insured
exemption
the
from
liability
2011 ACJ 1683 (UTK)
12- On whose shoulder the responsibility to lies to prove that
owner had violated the terms and conditions of the Permit?Held on IC.
2015 ACJ 570 (Raj)
Hire and Reward:1- Liability of IC in case where passengers were carried in

private vehicle for hire or reward- such passengers not being
TP- IC held not liable as neither the premium was paid for
carriage of passengers nor there was any permit to ply vehicle
for hire or reward
2011 ACJ 1753 (HP)
2- Private vehicle- breach of policy- in FIR it is stated that
2011 ACJ 1482 (SIK)
3- Death of passenger travelling in the Jeep- IC disputed its
liability on the ground that there was Act policy and deceased
was traveling on hire and policy does not cover the risk of
84
person- whether sustainable?- heldno- IC adduced no evidence

to
prove
that
registration
Jeep
was
certi.
used
All
for
such
hire
persons
and
reward-as
come
within
per
the
expression TP and since policy covers TP risk, IC is held

liable
2011 ACJ 2638
4- Constitution of India - Art. 136 - Motor Vehicles Act, 1988
- S. 149 - Tractor plying on hire - Labourer sitting on the
mudguard of Tractor - Falling down - Getting crushed under the
wheels - Driver not possessing a valid license - Tribunal
awarding compensation of Rs. 2 Lakhs - High Court summarily
dismissing the appeal of Insurance Company - Held : It was not
a fit case for any interference under Article 136 of the
Constitution of India, however, it is open to the Insurance
Company to recover the amount from owner by filing application
before
the
Tribunal
without
filing
separate
execution
petition against the owner

2008 (2) GLH 393 (SC) N.I.A Com v/s Darshan Devi
IC held not liable- 2013 ACJ 2108 (P & H), 2014 ACJ 1792 (MP)
5- Owner of the bus gave the same on hire to the Corporation
along with policy- bus dashed with two wheeler whether IC
can avoid its liability-held- No- when vehicle was given on
hire with its existing policy, IC cannot avoid its liability.
2013 ACJ 10 (Mad)
Transfer of Vehicle:1- Death of the owner of the offending vehicle, prior to the
accidentdeemed
to
whether
be
the
covered
transferee
by
policy
in
possession
and
Tribunal
has
to
be
erred
in
85
exonerating the IC from liability-heldyes- IC held liablefurther held that on the death of owner, transfer of IP is
automatic
2003 ACJ 534 (SC), 2002 ACJ 1035 (MAD), 2001 ACJ 567 (GUJ),
2011 ACJ 1717 (ORI), 2014 ACJ 2751 (All)
2- Vehicle which met with an accident is sold of by the owner
in favour of third party- in such case who is liable to pay
amount of compensation?- Held- registered owner remains owner
for the purpose of M.V. Act, even though under civil law he
ceased to be the owner after the sale- in such situation, both
the
persons
namely
current
and
old
owners,
both
are
held
liable to pay amount of compassion.

2012 ACJ 2269 (Del)- 2012 ACJ 2319 (P&H)- 2011 ACJ 705 = AIR
2011 SC 682, Pushpa v/s Shakuntala, relied upon.
But also see- 2006 ACJ 1441(SC)- Tilak Singh
Post Mortum Report:1- Absence of PM report- whether claimants are entitled to get
compensation in absence of PM report- held yesas there are
sufficient evidence to prove that deceased died because of the
vehicular accident- non availability of PM report does not
absolve the IC from its liability
2011 ACJ 2197 (MAD), 2012 AAC 3240.
2- Dismissal of claim petition on the ground that claimants
have not proved the accident by examining the doctor who had
conducted P.M.- Vail?- No- Is the duty cast upon the Tribunal
to issue notice upon the Doctor and IO, before deciding the
petition.-
If
the
counsel
for
the
claimant
has
perform his duty, claimant cannot be made to suffer.
failed
to
86
2012 ACJ 1046 (Kar), 2014 ACJ 1479 (P&H)

3- Whether PM report is must to prove accident- Held No.
2012 ACJ 1434 (Ori) Relevant on page No. 1439, para 1.5
Dishonour of Cheque:1-
Dishonour
of
cheque
issued
towards
premium-
policy-
cancellation ofliability of IC- IC cancelled the policy and

intimated about it to the owner- whether IC is liable- heldno
2001 ACJ 638 (SC), 2011 ACJ 2230 (BOM)
2-Insured tendered
cheque to
Insurer on
23/1/1995, towards
premium - Cover note was issued by the insurer - On 27/1/1995

accident took place & third party, suffered severe injuries The cheque given for insurance, dishonored - After the date of
accident
Insurance
Policy
was
cancelled
However,
on
30/1/1995, insured paid cash to insurer - Insurer contended

that a contract of insurance would be valid only when cheque
paid for premium is honoured - On the dishonor of the cheque
the
contract
being
without
consideration,
need
not
be
performed - Held, cover-note was issued and cover-note would

come
within
the
purview
of
definition
of
"Certificate
of
Insurance" and also an "insurance policy" - It remains valid

till it is cancelled.
2008(3) GLH 791(SC) - Abhaysing Pratapsing Waghela
3- Motor Vehicles Act, 1988 - S. 147(5), S. 149(1) - Insurance
Act, 1938 - S. 64-VB - Indian Contract Act, 1872 - S. 2, S.
51, S. 124 - Liability of Insurer - Dishonour of cheque for
premium
account
of
Cancellation
dishonor
of
of
Insurance
cheque
for
policy
premium
by
-
insurer
The
fact
on
of
87
cancellation was informed by Insurance Company to the insured

and
RTO
Accident
occurred
thereafter
Held,
Insurance
Company would not be liable to satisfy the claim.

2008 (3) GLH 168 (SC) Deddappa v/s N.I. Com
4- Dishonour of cheque given for payment of premium of policyIC cancelled the policy after the date of accident - liability
of IC- Held -IC liable to satisfy the award passed by the
Tribunal- IC may prosecute its remedy to recover the amount
paid to the claimants from the insurer.
2012 ACJ 1307 (SC) UIIC v/s Laxmamma. 2013 ACJ 2416 (SC)
N.I. Com v/s Balkar Ram, 2013 ACJ 2247 (Ori)
Pay and Recover:1- Jeep driven by father of the owner- policy covers only six
further ordered to

2- Order of pay and recover- whether HC or Tribunal can
direct the IC to pass an order of pay and recover? question
referred to Larger Bench for consideration
2009 (3) GLH 377 (SC) - N.I. Com v/s Parvathneni
3- Respondent No.2 was the owner of a Mini Bus. An insurance
policy in respect of the said vehicle was sought to be taken
by him. For the said purpose, the second respondent issued a
third party cheque towards payment of insurance premium. The
Development Officer of the appellant by inadvertence issued a
88
cover note. However, when the said mistake came to his notice,
the respondent No.2 was contacted by the Development Officer.
He was asked to pay the amount of premium. It was not tendered
and in stead the respondent No.2 is said to have returned the
original cover note and took back the cheque. The original
cover
note
as
also
all
the
duplicate
copies
thereof
was
cancelled. The said insurance cover was issued for the period
3.9.1991 to 2.9.1992. On or about 12.9.1991, the said vehicle
met with an accident. First respondent who suffered an injury
therein filed a claim petition in terms of the provisions
contained
in
Sec.
166-effect
liability
of
insurer
when
vehicle met with accident within the period under cover note held, no premium could be said to have been paid - no privity
of contract between insurer and insured - Supreme Court in
jurisdiction under Art. 142 of Constitution, directed insurer
to recover the paid compensation from insured-owner - appeal
allowed.
2008(7) SCC 526
before
the
Tribunal
without
filing
separate
execution

89
commercial
vehicle
Breach
of
contractual
condition
of

2006(2) GLH 15 (SC) N.I.A Com v/s Kusum Rai.
Following Kusum Rai judgment, Delhi High Court in the case of O
I Com. v/s Shahnawaz, reorted in 2014 ACJ 2124 has held that
driver of offending vehicle was possessing lincence to ply LMV
(Non-transport) but was plying Tata Sumo registered as Tourist
Taxi and, therefore, IC is not liable to pay compensation.
6- Order of pay and recover- whether HC or Tribunal can
direct the IC to pass an order of pay and recover? question
referred to Larger Bench for consideration
2009 (3) GLH 377 (SC) - N.I. Com v/s Parvathneni
7-Jeep driven by father of the owner- policy covers only six
further ordered to

8- Respondent No.2 was the owner of a Mini Bus. An insurance
90

cover
note
as
also
all
the
duplicate
copies
thereof
was
contained
in
Sec.
166-effect
liability
of
insurer
when
allowed.
2008(7) SCC 526
before
the
Tribunal
without
filing
separate
execution
91
10- In this case since the person riding the motorcycle at the
time of accident was a minor, the responsibility for paying
the compensation awarded fell on the owner of the motorcycle.
In fact, in the case of Ishwar Chandra V/s. Oriental Insurance
Co. Ltd. [(2007) 3 AD (SC) 753], it was held by this Court
that in case the driver of the vehicle did not have a licence
at all, the liability to make payment of compensation fell on
the owner since it was his obligation to take
adequate care
to see that the driver had an appropriate licence to drive the

vehicle. Before the Tribunal reliance was also placed on the
decision in the case of National Insurance Co. Ltd. V/s. G.
Mohd. Vani & Ors. [2004 ACJ 1424] and National Insurance Co.
Ltd. V/s. Candingeddawa & Ors. [2005 ACJ 40], wherein it was
held that if the driver of the offending vehicle did not have
a
valid
driving
licence,
then
the
Insurance
Company
after
paying the compensation amount would be entitled to recover

the same from the owner of the vehicle- Motor Accident Claims
Tribunal quite rightly saddled the liability for payment of
compensation on the Petitioner and, accordingly, directed the
Insurance Company to pay the awarded amount to the awardees
and, thereafter, to recover the same from the Petitioner. The
said question has been duly considered by the Tribunal and was
correctly
decided.
The
High
Court
rightly
chose
not
to
interfere with the same.

2011(6) SCC 425 Jawahar Singh v/s Bala Jain
11- Death in motor accident - liability of Insurance Company Tribunal observed that driver of bus was not possessing valid
driving
license
respondent
no.
compensation
and
were
of
Rs.
driver
2,68,800
and
owner
awarded
of
bus
respondent no. 3 and 4 were liable to make payment - direction
92
issued
to
appellant/IC
recover the
same from
to
deposit
amount
respondents
and
that
it
can
appellant/IC deposited
necessary amount - recovery of amount - Execution Petition(EP)

filed by IC- whether civil suit was required to be filed
instead of filing execution petition heldno -when such
direction
to
file
Tribunal
same
is
suit
instead
of
not
sustainable-
filling
EP
is
EP
issued
held
to
by
be
maintainable- whenever order of pay and recover is passed by

Tribunal, then it must be held to have been done in exercise
of
inherent
power
of
Tribunal-
Section
168
of
the
Motor
Vehicles Act, 1988, in terms whereof, it is not only entitled

to determine the amount of claim as put forth by the claimant
for recovery thereof from the insurer, owner or driver of the
vehicle jointly or severally but also the dispute between the
insurer on the one hand and the owner or driver of the vehicle
involved in the accident inasmuch as can be resolved by the
Tribunal in such a proceeding-many SC ratios considered.
2009(8) SCC 377 N.I.A. Com v/s Kusum
12- Motor Vehicles Act, 1988 - u/s. 165, 149(2), 168, 174 - The
Tribunal in interpreting the policy conditions would apply "the
rule of main purpose" and concept of "fundamental breach" to
allow the defences available to the insurer - Further held that
powers of Tribunal are not restricted to only decide claims
between claimants and insured or insurer and/or driver, it has
also powers to decide the disputes between insured and insurer
and when such dispute is decided, it would be executable u/S.
174 as it applies to claimants - No separate proceedings are
required
Even
when
insurer
is
held
not
liable,
it
will
satisfy the award in favour of claimants and can recover from

the insured u/S. 174 of the Act.- 2004(1) GLH 691(SC)- N.I.A.
Com v/s Swaran Singh.
13- U/s 147- Pay and recover- Guideleine.
93
2012 AAC 3151(ALLAHBAD). N.I.Co., Varanasi v.s. Smt. Abhirajji

Devi .
14-'Pay and Recover'- Whether Tribunal can direct the IC to
first pay and then recover the amount of compensation? Held
NoO.I.Com. v/s K.C. Subramanayam, reported in CDJ 2012 Karnataka
HC 339.
15-Execution- whether IC has right to recover an amount of
compassion
in
the
same
proceedings
or
it
has
to
file
the
separate suit for recovery? -Held- in the same proceeding.2013 ACJ 2233 (P&H)- 2004 ACJ 1093 (SC)- Pramod Kumar Agrrawal
and 2001 ACJ 843 (SC) - Kamla
16- Pay and recover- Accident by negligent driving of MinorLiability of Financier order of pay and recover only against
owner/financier and not against minor
2014 ACJ 660 (Del), IC is held liable to pay
and recover as
same is liable under the contractual liability. 2014 ACJ 2298

(Del)
17- When an order of pay and recover is passed against IC- in
such situation IC is said to be aggrieved party- held- no- SC
ratios followed
2011 ACJ 2498 para -12
18-
Pay
and
recover
order
by
Tribunal
when
deceased
was
admittedly a gratuitous passenger- whether valid- Held- yesas
gratuitous
1661(J&K)
passenger
is
held
to
third
party.
2012
ACJ
94
Stepped into the shoe of the owner:1- New India Assurance Company Limited vs. Sadanand Mukhi and
Others reported in (2009) 2 SCC 417, wherein, the son of the
owner was driving the vehicle, who died in the accident, was
not regarded as third party. In the said case the court held
that
neither
Section
163-A
nor
Section
166
Motor
Cycle,
would
be
applicable.
2-
The
deceased
was
traveling
on
which
he
borrowed from its real owner for going from Ilkal to his
native place Gudur. When the said motor cycle was proceeding
on Ilkal-Kustagl, National Highway, a bullock cart proceeding
ahead
of
the
said
motor
cycle
carrying
iron-sheet,which
suddenly stopped and consequently deceased who was proceeding

on the said motor cycle dashed bullock cart. Consequent to the
aforesaid incident, he sustained fatal injuries over his vital
part of body and on the way to Govt. Hospital, Ilkal, he died.
It was forcefully argued by the counsel appearing for the
respondent that the claimants are not the `third party', and
therefore, they are not entitled to claim any benefit under
Section 163-A of the MVA. In support of the said contention,
the counsel relied on the decision of this Court in the case
of Oriental Insurance Co. Ltd. v. Rajni Devi, (2008) 5 SCC
736; and New India Assurance Co. Ltd. v. Sadanand Mukhi and
Ors., (2009) 2 SCC 417.
In the case of Oriental Insurance Company Ltd. v. Rajni Devi
and
Others,
(2008)
categorically
held
involved,
liability
the
that
SCC
in
of
736,
a
the
case
wherein,
where
insurance
it
has
been
third
party
is
company
would
be
unlimited. It was also held in the said decision that where,

however, compensation is claimed for the death of the owner or
another passenger of the vehicle, the contract of insurance
being
governed
by
the
contract
qua
IP,
the
claim
of
the
95
claimant against the insurance company would depend upon the

terms thereof. It was held in the said decision that Section
163-A of the MVA cannot be said to have any application in
respect of an accident wherein the owner of the motor vehicle
himself
is
involved.
The
decision
further
held
that
the
question is no longer res integra. The liability under section

163-A of the MVA is on the owner of the vehicle. So a person
cannot be both, a claimant as also a recipient, with respect
to claim. Therefore, the heirs of the deceased could not have
maintained a claim in terms of Section 163-A of the MVA. Apex
Court held - the ratio of the aforesaid decision is clearly
applicable to the facts of the present case. In the present
case, the deceased was not the owner of the motorbike in
question. He borrowed the said motorbike from its real owner.
The deceased cannot be held to be employee of the owner of the
motorbike although he was authorised to drive the said vehicle
by its owner, and therefore, he would step into the shoes of
the owner of the motorbike.
2009 (13) SCC 710 Ningmma v/s United India
3- U/s 163A- deceased stepped into the shoes of the owner- IC
held not liable- 2012 ACJ 391
4-
u/s
belonged
163Ato
accident
the
brother
between
of
scooter
claimant-
and
whether
car-
scooter
claimant
is
entitled for compensation u/s 163A?- Held- No- As claimant has

stepped into the sue of owner- IC cannot be held liable- Sc
judgments followed2012 ACJ 1329 (P&H)
5- Whether a claim petition preferred u/s 163A of the Act is
maintainable when person ridding a motor cycle borrowed it
from the its owner- Held- No.
96
2013 ACJ 1472- SC Judgments in the cases of Sadanand Mukhi,

Ningamma and Rajni Devi followed.
6- Borrower of the vehicle- met with an accident as scooter
slipped- no other vehicle involved- Whether in such situation,
IC is liable to pay amount of compensation?- Held- No.
2014 ACJ 604 (P&H).
7-
Borrower of the vehicle- met with an accident as scooter
slipped- no other vehicle involved- said vehicle is owned by

the mother of the scooterist- claim petition u/s 163A- owner
had taken
personal accident
cover of
Rs.1,00,000/-
Whether
under this situation, IC is held liable to pay amount of

compassion?- Held- but only upto Rs.1,00,000/2014 ACJ 604 (P&H) HN-B.
8-- Claim petition u/s 163A of MV Act by L.R. Of deceased who
stepped
into
the
shoe
of
the
owner
are
entitled
for
compensation?- Held- No. At the most they are entitled for

Rs.50,000/- under Section 140.
2014
ACJ
2561
(P&H),
three
SC
Judgments
followed.
Eshwarappa, 2010 ACJ 2444 (SC), Ningamma, 2009 ACJ 2020 (SC)
and Rajni Devi, 2008 ACJ 1441 (SC).
9- Personal accident- deceased stepped into the shoes of the
owner whether such person is entitled to claim any amount
under
the
head
of
Personal
Accident'?-
Held-
No.-
Such
benefit can only be availed by the owner himself and not any
other person who stepped into his shoes.
Further held that when accident occurred only because of the
sole
negligence
of
the
deceased,
LR
of
deceased
are
not
entitled for any compensation u/s 163A but under Section 140
of the Act.
97
2014 ACJ 2803(P&H).
Cover Note:1- Respondent No.2 was the owner of a Mini Bus. An insurance
cover
note
as
also
all
the
duplicate
copies
thereof
was
contained
in
Sec.
166-effect
liability
of
insurer
when
allowed.
2008(7) SCC 526
2- Insured tendered cheque to Insurer on 23/1/1995, towards
premium - Cover note was issued by the insurer - On 27/1/1995
accident took place & third party, suffered severe injuries The cheque given for insurance, dishonored - After the date of
accident
Insurance
Policy
was
cancelled
However,
on
98
30/1/1995, insured paid cash to insurer - Insurer contended

that a contract of insurance would be valid only when cheque
paid for premium is honoured - On the dishonor of the cheque
the
contract
being
without
consideration,
need
not
be
performed - Held, cover-note was issued and cover-note would

come
within
the
purview
of
definition
of
"Certificate
of
Insurance" and also an "insurance policy" - It remains valid

till it is cancelled.
2008(3) GLH 791(SC) - Abhaysing Pratapsing Waghela
3- Cover note- proposal Form was submitted to IC on 30.12.2002
at 11.11 a.m.-- IC issued cover note mentioning that risk was
undertaken from 31.12.2002 whether IC is liableheld- nowhen there is specific mention with respect to the effective
date of policy, it starts from 31.12.2002- accident occurred
on 30.12.2002 at 8 p.m.- held IC is not liable
2012 ACJ 131- 2009 (3) 155 PLR
65 (SC) -Oriental Ins. Co. v/s
Porselvi -followed
4--
Cover
Note-
IC
did
not
produced
any
ledger
or
other
evidence to prove that on the date of accident premium was not

paid- Whether IC is liable- Held- Yes2012 ACJ 1497 (MP)
5-
Dispute
with
regard
to
Cover-note
IC
dispute
it's
liability on the ground that Cover-note is forged - held in

summary proceeding, Tribunal cannot decide said issue.
2013 ACJ 2245 (Pat), 2013 ACJ 2542 (P&H)
99
Hypothecation:1- Motor Vehicles Act, 1988 - S. 94, 95, 145, 147, 149(2), 155
- truck was insured with the appellant in the name of the
husband of respondent - truck was hypothecated to a Bank renewal of contract of insurance used to be done by the Bank no step was taken either by the Bank or the legal heirs of
deceased to get the registration of vehicle transferred in
their
names
driver's
legal
compensation
vehicle
met
heirs
filed
against
appellant-Insurance
Commissioner
the
with
an
directed
payment
driver
application
widow
Company
accident
of
the
for
deceased
Workmen's
of
compensation
died
grant
and
of
the
Compensation
to
widow
of
truck driver - High Court dismissed appeal - appeal against held, one of the grounds which is available to the Insurance
Company for denying its statutory liability is that the policy
is void having been obtained by reason of non-disclosure of a
material fact or by a representation of fact which was false
in some material particular - once a valid contract is entered
into, only because of a mistake, the name of original owner
not been mentioned in the certificates of registration, it
cannot be said that the contract itself is void - unless it
was shown that in obtaining the said contract, a fraud has
been
practiced
no
particulars
of
fraud
pleaded
no
infirmity in High Court's judgment

2009(1) SCC 558 U.I.I v/s Santro Devi
2-
Hypothecation-
finance
company
is
compensation.
2015 ACJ 1 (SC) HDFC Bank Resham (FB)
not
liable
to
pay
100
Transfer of the Vehicle:1- Accident- insurance- damage to the vehicle- transfer of the
vehicle- liability of the IC Transferee never got policy
transferred in his name- Transferee contended that transfer of
ownership takes place by delivery of goods and by passing of
consideration under the Sale of Goods Act- u/s 50 of the MV
Act, transfer of registration is required- Held- transfer of
vehicle is different from transfer of registration of vehicleRight to enforce an obligation under the policy against IC
could arise for the transferee only by obtaining a transfer of
policy- failure to obtain a transfer of policy may not affect
the right of third party under the Act but will have bearing
on the right of the transferee himself- claim by transferee
for damage to his vehicle is maintainable against the IC,
without getting the policy transferred in his name is not
maintainable.
2012 ACJ 1110 (P&H)
2-
Transfer
of
vehicle-
IC
dispute
it's
liability
on
the
ground that insurer had transfer his vehicle and obligation to

indemnify the insured arises when insured is held vicariously
liable for negligence of driver- whether sustainable?- HeldNo.
IP
stands,
deemed
to
be
transfer
in
the
name
of
transfer
of
transferee- IC is liable.
2013 ACJ 2235 (Mad)
3-
U/s
157(1)
certificate
of
Transfer
insurance-
of
vehicle-
Whether
IC
Deemed
can
be
held
liable?
-Held- Yes.
2014 ACJ 818 (Ker), 2015 ACJ 714
4- Transfer of the vehicle- certificate of insurance once
possession
is
taken
over
by
the
transferee
along
with
101
certificate of insurance, IC can not evade it's liability to

pay compensation.
2014 ACJ 1266 (SC) Mallamma v/s NI Com, 2014 ACJ 2751 (All)
Public Place u/s 2 (34):1- U/s 147(1) and 2 (34)-
public place and land abutting
public road- whether the land abutting public road to which

public
has
free
and
easy
access
is
public
place,
irrespective of the fact that it stood recorded in the name of

a private individual- Held- Yes- SC decisions referred to
2012 ACJ 1175 (Ori), 2014 ACJ 576 (Kar), 2014 ACJ 1312 (Raj)
2- Public place- agriculture field is public place?- Held Yes2013 ACJ 30 (AP)
3- Public place- agriculture field is public place?- Held Yes2013 ACJ 30 (AP)
Militant Attack- Hijack-Terrorist

Attack Arising out of Accident:-
Attack
Murder,
Heart
1- Intentional murder by use of Motor Vehicle- Whether the

claim
petition
is
maintainable?
Held-
No-
SC
decisions
referred to.
2012 ACJ 1188 (Chht)
2- Murder- Application u/s 163A- whether maintainable?- Held
-yes.
2012 ACJ 1512 (Ker)
102
3-- Bus came in contact with live wire- Claimant died because
of electrocution- whether IC is liable?- Held- yes
SC judgment followed. - 2012 AAC 2886.
4- Claimant sustained fracture when he was trying to replace
punctured tyre and when jack suddenly slipped and leg of the
claimant is crushed - Claimant preferred an application u/s
163A- Dismissed by Tribunal by holding that accident had not
taken place during driving of the vehicle. Sustainable- HeldNo. It is not necessary that vehicle should be in running
condition when accident occurred. Even if it was stationary,
IC is liable to pay compensation.
2013 ACJ 1561
5-
Militant
Attack-
Hijack-Terrorist
Attack-
Fatal
in
the
motor vehiclewhether claim petition is maintainable in such

cases?- Held- No.
2014 ACJ 1086.
But
contrary view
taken in the case of death of security
personnel- 2014 ACJ 1353 (Ass)

Bomb
Blast
in
Bus,
resulting
death
of
several
passengers-
Whether a claim petition u/s 163A is maintainable?- Held- Yes,

as accident arose out of the use of the motor vehicle- 2014
ACJ 2129 (All)
6- Deceased died because he was crushed by concrete pillar,
which fell no him as it was dashed by the offending vehicleWhether IC of offending vehicle liable to pay compensation?Held- Yes.
2012 AAC 3124.
103
7-
U/s
163A-
claimants are
deceased
died
entitled
due
to
heart
attack-
whether
for compensation u/s 163A of the MV
Act?- Held- No- in absence of any evidence to the effect that

deceased
died
due
to
heavy
burden
or
there
any
other
sustainable ground2012 ACJ 1134 (AP)- Murder 2012 ACJ (Ker)

Culpable
Homicide-
Altercation
between
conductor
and
passenger- conductor pushed passenger out of bus passenger

crushed in the said bus conductor prosecuted u/s 324 & 304
of IPC- whether in such situation, since driver failed in his
duty to stop the bus, he is liable for accident. Owner of bus
vicariously held liable and IC is is directed to indemnify
owner of the bus further held that accident was arising out
of use of motor vehicle.
2014 ACJ 2136 U I I Com. v/s Ramani C.K. (Ker)
8- Intentional murder by use of Motor Vehicle- Whether the
claim
petition
is
maintainable?
Held-
No-
SC
decisions
referred to.
2012 ACJ 1188 (Chht)
Dismiss for Default:1- Dismiss for Default- DD- whether claim petition preferred
under
the
MV
Act
can
be
dismissed
for
default
after
the
framing the issues? - Held- No- Tribunal is required to decide

the case on merits.
2012 ACJ 1261 (Guj) Bharatbhai Chaudhary v/s Malek Rafik, 2014
ACJ 1382 (Chh)
Burden of Proof:-
104
1- U/s 149(2) (a) (ii) and 149 (4)- driving licence- policywillful breach- burden of proof- on whom- Held on IC- it is
for the IC to prove that driver did not hold the DL to drive
the class of vehicle or DL was fake and breach was conscious
and willful on the part of insured to avoid its liability.
2012 ACJ 1268 (Del). Various SC decisions referred to.
2-
Burden
of
proof
on
IC
IC
contended
that
driver
of
offending vehicle did not possess valid licence- IC did not

issued any notice to owner, driver to produce DL nor made any
application to issue summons to RT officer2012 ACJ 1484 ((MP)
Stationary Vehicle:1-- It is the case of the IC that truck was standing and at
that point, jeep dashed in the rear portion of the Truck and
therefore, it is not liable- whether sustainable?- Held- NoEven if it is presumed that truck was stationary, IC of truck
is liable as driver of the truck is held negligent to the
extent of 25%- various SC judgments followed.
2012 ACJ 1390 (Raj) also see 2013 ACJ 1646 also see 2013 ACJ
2295 (Kar) also see 2013 ACJ 2399 (P&H), 2013 ACJ 2785 (P&H)See also Section 122 of the M.V. Act., 1986 ACJ 1070 (Guj),
2014 ACJ 1476
2-
Parked
vehicle
in
the
middle
of
the
road-
Stationary
vehicle.
2014 ACJ 1216
3-
Stationary
vehicle-
parked
in
the
middle
of
the
road
without headlights or indication light deceased died as he
105
dashed on the rear portion of the said stationary vehiclewhether IC of said vehicle can avoid its liability ? Held- No.
2013 ACJ 56 (Del), 2013 ACJ 1960 (AP), 2013 ACJ 2781 (P&H),
1986 ACJ 1070 (Guj)
Tractor-Trolley:1-
Tractor-trailer-
Tractor-trolley-
worker
sustained
injuries- IC seeks to avoid its liability on the ground that

policy does not cover risk of owner and labourers- whether
sustainable- Held- No- Section 2 (44) and 2 (46) indicates
that when trailer is attached to tractor, it becomes goods
vehicle and therefore, IC is liable.
2012
ACJ
1408
(Kar),
2012
ACJ
2737
(All)
SC
judgements
followed. But also see 2013 ACJ 1496 wherein it is held that
Tractor and Trolley are two separate vehicles and if Trolley
attached
with
travelling in
tractor
is
the Trolley
not
insured
attached with
and
deceased
was
tractor, Insurance
Company is not liable.

M.V. Act- Section 61, 146, 147- Tractor-trolley- It is no
doubt true that trolley is required separate registration for
commercial use/purpose u/s 61 but as per Section 146, it does
not provide for separate insurance of trolley. Once trolley is
attached to the tractor, it becomes one vehicle- IC of tractor
is held liable to pay compensation. - 2014 ACJ 1727 (All)
UII v/s Suman (Rakesh Tiwari and Anil Kumar Sharma JJ)
but also see 2014 ACJ 1583 (P&H) NII Com v/s Sohan lal.
2- Tractor- trolley- TP risk- Claimant was traveling in JeepIC sought to avoid its liability on the ground that Trolley
was not insured- whether sustainable- Held- no- claimant was
TP for the tractor and even if Trolley was not insured, IC is
106
liable as addition of trolley to tractor will not make any

difference to the claimant as he is TP for tractor
2012 ACJ 177.
3- Mudguard of tractor- Tractor was meant for agricultural
purpose- admittedly it was not used for agricultural purpose
when accident occurred- whether IC is liable?- held No.
2012 ACJ 1738
4--
Tractor-trolley-
When
trolley
is
attached
with
the
tractor is one vehicle2012 ACJ 2022 and 2117

5-
Tractor-trailer
Additional
premium
(CHH)
of
Tractor-trolley7
passengers
paid
Goods
under
vehicle
the
workmen
compensation act employee of hirer sustained injuries IC

disputed its liability Policy covers vehicle as well as the
employees engaged for its operation Under this situation, IC
held liable to pay amount of compensation.
2013 ACJ 994.
6-
Labourer
travelling
sustained by him-
on
Tractor
succumbed
to
injuries
IC disputed its liability on the ground
that deceased was a gratuitous passenger as no trolley was

attached with the tractor- whether sustainable?- Held- No.
2013 ACJ 2034 (ALL) SC judgment reported in 1987 ACJ 411,
Skandia Ins. v/s Kokilaben Chandravadan relied upon.
7- Tractor-trailer IC disputed it's liability on the ground
that there sitting capacity of only one person and therefore,
claim could not have travelled in the said tractor-trailer as
labourer- whether sustainable? - Held- No.
107
2013 ACJ 2331 (Kar)- Death of coolie travelling on the mudguard- 2013 ACJ 2353 (Mad) 8- Tractor-trailer- Agricultural purpose- commercial purposeDifference between.
2014 ACJ 1254 (SC)- Fahim Ahmed v/s UII Com., 2014 ACJ 2843
(Mad)
9-
Tractor-trolley
Agricultural
purpose
when
accident
occurred sand was loaded on it whether IC can avoid its

liability on the count that same was not used for agricultural
purpose?- Held No.- Unless same is proved by leading cogent
evidence, it not be held so.
2014 ACJ 1966 (All)
10- Tractor- trolley- TP risk- Claimant was traveling in JeepIC sought to avoid its liability on the ground that Trolley
was not insured- whether sustainable- Held- no- claimant was
TP for the tractor and even if Trolley was not insured, IC is
liable as addition of trolley to tractor will not make any
difference to the claimant as he is TP for tractor
2012 ACJ 177.
Registration of Vehicle/Number Plate:1--
Registration number of offending vehicle not disclosed at
the
time
of
filling
convicted
by
afterwards
does
of
criminal
not
lead
FIR-
driver
courtto
the
of
vehicle
offending
number,
conclusion
that
vehicle,
disclosed
there
collusion between claimant and driver of offending vehicle.

2012 ACJ 2176 (Del)
is
108
2-
Use
of
vehicle
without
the
registration
certificate-
temporary registration expired on the date of accident- owner

is not entitled to get anything under the Own Damage Claim.
2014 ACJ 2421 (SC).
3- Registration Certificate- Expiry ofliability of IC- non
renewal if RC on the date of accident same is not illegality
but
irregularity
and
same
will
not
absolve
IC
from
its
liability.
2014 ACJ 2399 (Kant) But contrary view is taken in 2014 ACJ
2665 (MP)
4- U/s 39 Registration of vehicle temporary registration
expired
before
the
date
of
accident
under
this
circumstances, IC has to prove breach of terms of Policy as

envisaged in Section 149(2) of the MV Act- if IC fails to
prove
this,
it
liable
to
pay
compensation
first
and
then
recover from Driver/owner.

2015 ACJ 236 (Kar)
Stolen Vehicle:1- Stolen vehicle- who was driving the vehicle not knownvehicle
recovered
after
the
accident-
whether
in
such
situation, IC can be held liable?- Held- Yes.

2014 ACJ 1165, also see Note No.375
2- Stolen property- fake registration number - number plateliability of IC- guideline2014 ACJ 1706 (Del)- UII Com. v/s Amaratta.
109
3- While searching for his lost/stolen jeep, owner meet with

the same jeep- whether IC can be held responsible to pay
compensation in such facts?- Held- No. As additional premium
was not paid.
2015 ACJ 107 (Guj) OIC v/s Ganeshbhai Gautambhai
Hit and Run - Under Section 161:1-
Hit
and
Run
case-
claimant
is
entitled
for
only
Rs.25,000/-, as claim petition is not maintainable against the

unknown vehicle.
2011 ACJ 552 (SC)- Saroj v/s Het Lal. But in 2014 ACJ 859
(Guj) it is held that joint tortfeasor is not required to be
joined. (Jst.S.H. Vora, Mayaben Ramanlal Jaiswal v/s Rajubhai
Chimanlal Jaiswal, FA 5431 to 5434 of 2008, dated 09/05/2013)
2- Whether a claim petition u/s 163A is maintainable when
award is already passed u/s 161 of the Act?- Held- Yes.
2012 ACJ 2314 (Chh).
3- U/s 161(3) (4), 163, 165 and 166(1) of MV Act Hit and Run
case - fixed compensation of Rs.25,000/-
claint has not filed
an application under the scheme framed u/s 161 whether an

application
for
fixed
compensation
maintainabile before the MACT?- Held- Yes.

2015 ACJ 203 (AP)
of
Rs.25,000/-
is
110
Third Party:1- Deceased boarded in wrong rout bus- asked conductor to stop
the bus- before the bus was stopped he jumped from the bus and
died- whether such person can be said to be T.P? - Held- Yes212 AAC 2584 (Del)
2- Pedestrian hit by truck which had 'Act Policy'- TP risktribunal directed IC to pay only 1.5 lac and remaining amount
of
compensation
was
Whether sustainable?been
paid
for
directed
to
Held- No.
'liability
to
be
paid
-Since,
public
by
owner-driver-
higher premium
risk
i.e.
third
had
part-
Though it was 'Act Policy', IC is held liable to pay amount of

compensation.
2012 ACJ 2667- SC Judgments followed.
3-
Mini
bus
hit
pedestrian-
Tribunal
held
that
same
was
insured as goods vehicle and exonerated IC- Whether order is

sustainable?- Held- No.- As claimant was TP for the minibus
and it does not make any difference if the the vehicle was
goods vehicle or passenger vehicle.
2013 ACJ 1956 (All)
4- Deceased a TP- comprehensive policy- liability of IC- after
new act liability of IC is unlimited towards TP
2011 ACJ 1860 (RAJ)
Disbursement and Apportionment:1-- Order of investment by the Tribunal after passing the
award-
Tribunal
cannot
mechanically
pass
the
order
of
investment in cases other than minors, illiterate and widows.
111
2012 (1) GLH 442 - A.V. Padma.

2- In that case approving the judgment of the Gujarat High
Court
in
Muljibhal
Ajarambhai
Harijan
v.
United
India
Insurance Co. Ltd., 1982 (1) 23 GLR 756, Supreme Court offered
the following guidelines
"(i)
The
Claims
Tribunal
should,
in
the
case
of
minors,
invariably order the amount of compensation awarded to the

minor invested in long term fixed deposits at least till the
date of the minor attaining majority. The expenses incurred by
the guardian or next friend may however be allowed to be
withdrawn;
(ii)
In
the
case
of
illiterate
claimants
also
the
Claims
Tribunal should follow the procedure set out in (1) above, but
if lump sum payment is required for effecting purchases of any
movable
or
immovable
property,
such
as,
agricultural
implements, rickshaw etc., to earn a living, the Tribunal may

consider such a request after making sure that the amount is
actually spent for the purpose and the demand is not a rouge
to withdraw money;
(iii) In the case of semi-literate persons the Tribunal should
ordinarily resort to the procedure set out at (i) above unless
it is satisfied, for reasons to be stated in writing, that the
whole or part of the amount is required for expanding and
existing business or for purchasing some property as mentioned
in (ii) above for earning his livelihood, in which case the
Tribunal
will
ensure
that
the
amount
is
invested
for
the
purpose for which it is demanded and paid;

(iv) In the case of literate persons also the Tribunal may
resort to the procedure indicated in (1) above, subject to the
relaxation set out in (ii) and (iii) above, if having regard
to the age, fiscal background and strata of society to which
112
the
claimant
belongs
and
such
other
considerations,
the
Tribunal in the larger interest of the claimant and with a

view to ensuring the safety of the compensation awarded to him
thinks it necessary to do order;
(v)
In
the
case
of
widows
the
Claims
Tribunal
should
invariably follow the procedure set out in (i) above;

(vi)
In
personal
injury
cases
if
further
treatment
is
necessary the Claims Tribunal on being satisfied about the

same, which shall be recorded in writing, permit withdrawal of
such amount as is necessary for incurring the expenses for
such treatment;
(vii) In all cases in which Investment in long term fixed
deposits is made it should be on condition that the Bank- will
not
permit
any
loan
or
advance
on
the
fixed
deposit
and
interest on the amount invested is paid monthly directly to

the claimant or his guardian, as the case may be;
(viii) In all cases Tribunal should grant to the claimants
liberty to apply for withdrawal in case of an emergency. To
meet
with
such
contingency,
if
the
amount
awarded
is
substantial, the Claims Tribunal may invest it in more than

one Fixed Deposit so that if need be one such F.D.R. can be
liquidated."
These guidelines should be borne in mind by the Tribunals in
the cases of compensation in accident cases.
AIR 1994 SC 1631-
Mrs. Susamma Thomas. Also see Jaiprakash
2010 (2) GLR 1716

3- Apportionment of inter se liability in an order passed u/s
140 of the Act- whether tribunal was justified in apportioning
the liability between the joint tortfeasor?- Held- No.
2013 ACJ 959.
113
4- Apportionment of inter se liability in an order passed u/s

140 of the Act- whether tribunal was justified in apportioning
the liability between the joint tortfeasor?- Held- No.
2013 ACJ 959.
5- U/s 168- compensation- apportionment- widow, father
and
mother- apportionment made in the ratio of 2:1:1- deceased was

aged
about
33
years-
Tribunal
contention that father and
awarded
multiplier
of
14-
mother (aged above 65 years) would
entitled for multiplier of 7 only- in that view of the matter,

apportionment is held to be valid and proper.
2012 ACJ 1093 (Ker)
6- Apportionment of inter se liability- whether tribunal was
justified
in
apportioning
the
liability
between
the
joint
tortfeasor?- Held- No.

2013 CJ 926 & 976
FIR, Charge sheet, Involvement of Vehicle, Identity of

Vehicle:1- Identification of vehicle- In FIR, offending vehicle is
described as Blue Colour bike whereas driver-owner sought to
avoid its liability on the count that bike was of Red Colourwhether sustainable? -Held- No. SC Judgments followed.
2012 ACJ 2529 (MAD).
2- Delay in filling of FIR- Whether on that count, claim
petition can be dismissed- Held- No.- Delay itself is not
sufficient to hold that claim petition is bogus.
2012 AAC 3334. - U.I.I. Com. v/s N. Srinivas., 2014 ACJ 1419
(AP)
114
3-- Involvement of the vehicle- Delay in filling FIR- whether

it can be the sole basis for arriving at the conclusion the
offending vehicle is planted? - Held- No.- When chargesheet is
filled, it cannot be doubted.
2013 ACJ 2376 (AP)
4- Whether filing of an FIR is sine qua none for filing claim
petition.- Held- No.
2014 ACJ 469 (Mad), 2014 ACJ 585 (Chh)
5- FIR- ordinarily averments made in the FIR would not be
admissible as evidence per se but when claimant has produced
it to prove his case, contents of such FIR admissible.
2014 ACJ 1075
6- Whether mere filling of Chargesheet for offences punishable
u/s 3 and 122 of the Act against the driver of the offending
vehicle leads to the conclusion that driver did not possess a
licence and owner has intentional breached the term sof the
Policy. - Held- No.
2013 ACJ 1501.
7- IC took defence that driver of the offending vehicle was
not possessing valid licence- Whether a criminal case filed
under section 3 and 18 of the M..V. Act is sufficient to hold
that driver of the offending vehicle was not possessing valid
licence? -Held- No.
2013 ACJ 1758 (MP)
8- Whether filing of Chargesheet against the driver u/s 3 and
181 of the MV Act, would lead to the conclusion that driver
was not hold the licence. Held- No. Unless it is proved by
leading cogent evidence by IC, it not be presumed by Tribunal.
115
2013 ACJ 2539 (AP).
Necessary Party:1- Whether the driver of the offending vehicle is required to

be
joined
as
party
opponent
in
each
case?-
Held-
No-
in
absence of non-joinder of driver, entire proceeding shall not

vitiated, as owner of the vehicle is joined.
2008 ACJ 1964 Machindranath Kernath v/s D.S. Mylarappa. 2013 ACJ 109 (Bom)
2- Non joinder of other tortfeasor- whether mandatory? - HeldNo.
2014
ACJ
589
(Bom)-
Oriental
Insurance
v/s
Meena
Variyal,
reported in 2007 ACJ 1284 (SC)

3- Whether the driver of the offending vehicle is required to
be
joined
as
party
opponent
in
each
case?-
Held-
No-
in
absence of non-joinder of driver, entire proceeding shall not

vitiated, as owner of the vehicle is joined.
2008 ACJ 1964 Machindranath Kernath v/s D.S. Mylarappa. 2013 ACJ 109 (Bom)
Conductors Licence:1- Conductor's licence- conductor sustain injuries while his

was in the bus and working as conductor- conductor's licence
had expired and not renewed- liability of ICheld responsible.
2013 ACJ 397 (Kar)- SC judgments followed.
IC cannot be
116
Succession Certificate:1- Whether on the basis
of succession certificate, brother's
son of deceased gets right to file an application under the

Act for getting compensation- Held- No.
2013 ACJ 1176 (J&K).
Whether
on
the
natural
death
of
the
one
of
the
joint
claimants, succession certificate is required to produced so

as to enable Tribunal to pass an order of disbursement of the
awarded amount, falling in the share of deceased claimant?Held- No.
2014 ACJ 891 (MP).
To get awarded amount, L.R. Are not required to get succession
certificate-
SC
judgment
in
the
case
of
Rukhsana
v/s
Nazrunnisa, 2000 (9) SCC 240 followe.

2014 ACJ 2501 (Raj)
Damage to property:1-
Claim
petition
elephant-
for
Tribunal
Rs.5,39,100
awarded
including
elephant-
Held
petition
is
such
damage
to
amount
RS.1,20,000
an
preferred
award
for
the
is
propertyof
compensation
for
loss
not
justified
damage
to
death
of
income
when
of
of
from
claim
the
property-
claim
petition-
Rs.1,20,000/- reduced by HC.

2013 ACJ 1279 (Ker)
2-
Damage
to
the
property-
Tenant
filed
Tribunal dismissed it on the ground that tenant is not the

owner and eviction petition is pending- Whether sustainableHeld- No.
117
2013 ACJ 1292 (Raj)

3- Damage to property- Truck dashed with auto rickshaw- IC of
truck liable to pay only Rs.6,000/- under the Act but Tribunal
can direct the IC to pay entire amount and in return IC may
recover the additional amount from the driver and owner of
Truck.
2013 ACJ 1830 (Jar)
4- Damage to goods loaded in the Truck- Whether IC is liable
to make good to such damage?- Held- No.- IC is liable to make
good for damage to the property of TP.
2014 ACJ 915 (HP).
Settlement:1- Claim petition withdrawn under the belief that as per the
settlement all amount would be paid but same was not paid
after the withdrawal of the claim petition.- Whether the fresh
claim
petition
is
bare
as
per
the
principles
of
the
res
judicata? - Held- No.

2013 ACJ 1361 (Raj)
2-
Settlement-
places-
Several
settlement
liability
before
sustainable-
Held-
arrived
the
No.-
evidence act would apply.

2014 ACJ 1511 (Del).
claim
at
petitions
place
Tribunal
Principle
at
of
'A'-
at
IC
place
two
different
disputing
'B'-
estoppal
u/s
its
whether
115
of
118
Mediclaim:1- Mediclaim when certain amount is paid under the mediclaim

policy, claimant can claim the said amount the claim petition.
- Held- No.
2013 ACJ 1437 (Mad), 2013 ACJ 2366 (Del), 2013 ACJ 2382 (Del),
2002 ACJ 1441 Patricia Jean Mahajan, 2013 ACJ, 2014 ACJ 320
(Del)
2- Mediclaim- claimant is only entitled for the amount of
premium paid by him and not the entire amount received by him
under the Mediclaim.
2013 ACJ 2609 (Del) N.I.Com. v/s R.K. Jain
Did not Suffer Financial Loss/Government Servant:1- Though claim did not suffer any
financial loss
due to
vehicular injuries sustained by him, Apex Court has granted

compensation under the head of 'Loss of Earning Capacity and
Future Loss of Income'.
2013 ACJ 1459 (SC) V. Sathu v/s P. Ganapathi (Relied upon
Ajay Kumar v/s Raj Kumar)
2- Injury Government servant- suffered 70% disablement and,
therefore, tendered VRS- awarded Rs.30 lacs by the High Court.
2014 ACJ 442(MP).
Railway:1- Unmanned level crossing- accident by Train- whether Rail

authority is liable to pay compensation- Held- Yes.
119
2013 ACJ 1653.

Requisition/Seizure of Vehicle by Government:2- Requisition of vehicle- IC disputed its liability on the
ground that the vehicle which met with an accident was being
used by Police department and deceased who was plying the said
vehicle was not employee of the owner- neither party claimed
that vehicle was requisitioned from owner by state- under this
circumstances, IC held liable.
2013 ACJ 2065 (JHR), 2014 ACJ 1997 (Bih),
2014 ACJ 1269 (SC)
Purnya v/s State of Assam

3- Jeep- Seized for alleged violation of NDPS Act- While jeep
was being taken for production- during transit jeep capsizedwhether owner can be held liable?- Held- No- As owner had no
control over the jeep.
2013 ACJ 721 (Ker) SC judgment followed.
4- Towing of vehicle- Rickshaw was being town by and jeep and
truck dashed with rickshaw- whether jeep driver can be held
liable?- Held -Yes
2013 ACJ 595
Overloading:1- Carrying more passenger than the seating capacity- Whether

IC can avoid its liability on the count- Held- No.
2013 ACJ 2694 SC judgement,-
B.V. Nagaraju v/s O.I. Com,
reported in 1996 ACJ 1178 relied upon.

2-- Breach of policy and permit- overloading- order of pay and
recover passed.
120
2014 ACJ 385 (Mad).

3- Overloading- Overloading of transport vehicle is not such a
breach which can be said to be a breach in terms of Section
149 (2) of MV Act.
2014 ACJ 2182 (Bom)
4- Passengers risk- overloading- truck loaded with coal and
carrying 12 passengers capsized- vehicle was insured covering
driver, cleaner and 6 coolies- IC contended that truck was
over
loaded
as
it
was
carrying
more
that
persons-
IC
contended that there is breach of policy- whether IC can be

held
liable?-
held-
yes-
as
IC
has
failed
to
show
that
carrying more number of coolies would be treated as breach of

policy if at all there is any breach of policy, it is not so
fundamental as to put end to the contract totally- IC is bound
to satisfy the highest six awards of coolies
2012 ACJ 287
5- Jeep driven by father of the owner- policy covers only six
further ordered to
Abate:1-
Original
claimant/injured
died
natural
death
during
pendency of claim petition.- whether his/her LRs are entitled

for compassion? - Held -Yes, as claim petition does not abate
on the death of injured victim.
121
1991 GLR 352,
2009 (2) GLH 217 Surpal Sing Gohil. 2014 ACJ
930 (AP). 2014 ACJ 1621 (Mad) Venkatesan v/s Kasthuri. 2014
ACJ 1754 (P&H), 2014 ACJ 1814 (Mad)
Fitness Certificate:1- Fitness certificate- whether IC can be exonerated on the

ground
that
owner
of
the
vehicle
was
not
having
fitness
certificate- Held- No.

2014 ACJ 94 (All), 2014 ACJ 2711 (Kar)
2- Fitness Certificate- U/s 149 (2) read with Section 56 - on
the date of accident, Fitness Certificate had expired- whether
in such situation IC can dispute its liability?- Held- No.
2014 ACJ 2226 (Mad)
Labourer of Hirer:1- Pay and Recover- 19 Labourers of hirer and not of owner
were travelling in goods vehicle which met with an accidentIC claimed that it is not liable as they were not authorised
to travel in the fateful vehicle- risk of 8 labourers covered
under the policy- owner and IC held jointly and severally
liable
to
labourers
and
also
directed
to
first
pay
to
remaining 11 labourers, with a direct to recover.

2014 ACJ 672 (AP)- NI Com v/s Vempada Ramu dated 5.10.2012
2- Accident sustained by a delivery boy when he was travelling
in a delivery vehicle owned by his company- HC turned down
claim of the claimant on the ground that injured was working
as a clerk and risk of labourer hired to load-unload goods is
122
covered- IMT-17 is relied upon by the SC and held that IC is

liable to make good of the compensation.
2014 ACJ 681 (SC) (FB) Hanumanagouda v/s UI Com. Also other
judgment on IMT-13 (Second Driver)- 2014 ACJ 1032
Judgment on IMT 15 (Owner-cum-driver) Even if other person
was driving the vehicle and owner was travelling in the said
vehicle as occupants, then also IC is held liable to pay
compassion as per the policy. - 2014 ACJ 1862 (Mad).
Judgment on IMT 18 [as it stood in 2001 cleaner of the bus
Additional premium paid- IC held not liable)]
- 2014 ACJ 1920
(AP)
IMT:1- Accident sustained by a delivery boy when he was travelling

in a delivery vehicle owned by his company- HC turned down
claim of the claimant on the ground that injured was working
as a clerk and risk of labourer hired to load-unload goods is
covered- IMT-17 is relied upon by the SC and held that IC is
liable to make good of the compensation.
2014 ACJ 681 (SC) (FB) Hanumanagouda v/s UI Com. Also other
judgment on IMT-13 (Second Driver)- 2014 ACJ 1032
Judgment on IMT 15 (Owner-cum-driver) Even if other person
was driving the vehicle and owner was travelling in the said
vehicle as occupants, then also IC is held liable to pay
compassion as per the policy. - 2014 ACJ 1862 (Mad).
Judgment on IMT 18 [as it stood in 2001 cleaner of the bus
Additional premium paid- IC held not liable)]
(AP)
- 2014 ACJ 1920
123
2- Owner-driver Wife is a owner of the vehicle which bing

driven by deceased husband- whether husband can be said to be
third party for wife?- Held- No.- As he stepped in to the shoe
of the owner- Only entitled for Rs.2,00,000.
2014 ACJ 1524 (UK). Also see 2014 ACJ 1574 (Del), wherein it
is held that as per
IMT GR-36
personal accident cover is
available to the owner of insured vehicle holding valid and

effective
licence
but
anybody
driving
the
vehicle
with
or
without permission of the owner cannot be taken as ownerdriver.

3-
Comprehensive
Policy
Package
Policy-
IMT
37-
Good
Vehicle- Gratuitous Passenger- driver of the vehicle allowed 2

passengers to board in the vehicle which turn turtle IC
charged premium for Non-Fare- Paying Passenger. - Under this
circumstances, IC held liable to pay compensation.
2014 ACJ 2412 (Raj)
Use of Vehicle other than for registered:1- Vicarious liability- Master and Servant- accident occurred
when vehicle was used for personal used of employee- Whether
Master/Government can be held responsible- Held- No.
2014 ACJ 1198
2--
Tractor-trolley Agricultural purpose - when accident
occurred sand was loaded on it whether IC can avoid its

liability on the count that same was not used for agricultural
purpose?- Held No.- Unless same is proved by leading cogent
evidence, it not be held so.
2014 ACJ 1966 (All)
124
3- Whether wheeler loader is a 'motor vehicle'- Held- Yes.

2014 ACJ 2584 (P&H)
4- IC disputed its liability on the ground that vehicle was
run on LPG- but failed to adduce any evidence in this regardHeld IC is liable
2011 ACJ 2141 (MAD)
5- Tribunal exonerated IC on the ground that vehicle was found
to have
two control system
and same was used for
driving
school- whether sustainableheld no IC led no evidence

that vehicle was used for diving school 2011 ACJ 1632 (BOM)
Central Motor Vehicles Rules:1-
Central
M.V.
Rules,
1989,
Rule-41-
motor
vehicle
trade
certificate- when can be use?- Held- it could not be used for

purpose other than those mentioned u/r 41 of the Rules and for
carrying passengers.
2012 ACJ 2285 (Kar)
2-U/S 149(2), 170-
IC need not to take permission of Tribunal
under section 170, if it is joined as respondent and not just

as notice
2011 ACJ 2729 (SC)- Shila Dutta
3- Central M.V. Rules- Rule 16- Tractor Driving licence- Rule
16 provides that every licence issued or renewed shall be in
Form VI which provides for grant of licence in respect of LMV
or Transport Vehicle amongst other categories but there is no
specific entry for issuance of licence for driving a Tractor.
As
per
Section
2(44),
by
definition
Tractor
is
LMV
and,
125
therefore, when driver has licence to ply LMV, he can also ply
Tractor.
2014 ACJ (P&H)
Miscellaneous:1- Death of owner of offending vehicle prior to the date of

accident-
whether
in
such
situation,
IC
is
liable
to
pay
compensation/- Held- Yes.

2013 ACJ 1576
2- Two Accident- in first accident, deceased sustained serious
injuries and while he was being taken to the hospital for
treatment, second accident occurred- both the vehicles held
liable in the accident.
2013 ACJ 896.
3- M.V. Act- duty of advocates- Guidelines- Good judgment.
2013 ACJ 474.
4-U/s 166- Efficacious disposal of MACPs with minimum loss of
Judicial time- procedure and guideline stated.
2015 ACJ 514 (P&H).

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MACT Judgements

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1

MACP Important Judgments Compiled by H S Mulia

MOTOR VEHICLE ACT 1988 - IMPORTANT

Civil Procedure Code, 1908

Under Section 163-A of M.V. Act

Workmen Compensation Act

Helper- Cleaner- Coolie

MACP Important Judgments Compiled by H S Mulia

Goods as defined u/s 2(13)

Goods Vehicle and Gratuitous Passengers

Which kind of licence required for LMV-LGVHGV-HTV-MGV

Injuries and Disabilities

Employees State Insurance Act and Employee's

Commencement of Policy and Breach of Policy

Travelling on roof-top of the bus

MACP Important Judgments Compiled by H S Mulia

Hire and Reward

Post Mortum Report

Pay and Recover

Stepped into the shoe of the owner

Transfer of the Vehicle

Public Place u/s 2(34)

Attack- Hijack-Terrorist Attack

Dismiss for Default

Registration of Vehicle/Number Plate

MACP Important Judgments Compiled by H S Mulia

Hit and Run - Under Section 161

Disbursement and Apportionment

FIR, Charge sheet, Involvement of Vehicle,

MACP Important Judgments Compiled by H S Mulia

Use of Vehicle other than for registered

Central Motor Vehicles Rules

MACP Important Judgments Compiled by H S Mulia

MOTOR VEHICLE ACT 1988 - IMPORTANT JUDGMENTS

whether oral evidence which is contrary to the pleadings could

MACP Important Judgments Compiled by H S Mulia

be accepted in absence of any other documentary evidence- held

Tribunal rejected the application filed later on- HC confirmed

3- Constructive res judicata - Whether order passed u/s 140 of

claim petition u/s 166 of the Act? - Held- Yes.

recovered in case if the main claim petition is dismissedHeld- No.

MACP Important Judgments Compiled by H S Mulia

5-- An application u/s 140 has to be decided as expeditiously

Civil Procedure Code, 1908

ACJ 1946 (AP) Also see Note 392.

2- O 41 R 33- whether the appellate court has powers to modify

procedure laid down in CPC

MACP Important Judgments Compiled by H S Mulia

would be sufficient to draw an inference that

driver did not possess a valid and effective licence.

whether executing court can pass such order of attachment?Held-

applicable in the case of enforcement of award.

MACP Important Judgments Compiled by H S Mulia

12- CPC - Order 11 Rule 14 - Notice for production of document

judicial proceedings- whether Evidence Act applies to MV Act?

an application u/s 163A? Held

concluding that accident was a vehicular accident and claimant

proved in 163A application

MACP Important Judgments Compiled by H S Mulia

2011 ACJ 2442 (MP)

suddenly stopped and consequently deceased who was proceeding

unlimited. It was also held in the said decision that where,

MACP Important Judgments Compiled by H S Mulia