Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988: Liability of Vehicle Owner – Accident Claim |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Motor Vehicles Act, 1988: Liability of Vehicle Owner – Accident Claim – Determination of Compensation – Victim-deceased was 24 years old and working as Managing Director at DRV Drinks Pvt. Ltd. – While he was returning from factory to residence, his car was hit from behind by a bus owned by appellant –The deceased sustained severe injuries and died on the way to hospital – Claim petition – MACT awarded a total sum of Rs. 31,90,000/- alongwith 7% interest – MACT held that the vehicle was not being operated as per the terms of permit and was in violation of terms and conditions of insurance policy and, therefore, the owner of the offending vehicle was held liable to pay compensation – Appellant filed appeal before the High Court assailing the issue of liability – High Court affirmed the findings of MACT and held that the vehicle owner failed to produce the original permit – Hence, instant appeal – Held:The material available clearly reveals that on the date of accident, the appellant did not have a valid and effective permit to ply the offending vehicle on the route where accident took place – Even assuming that permit was valid but it is of no help to the appellant since the vehicle was being plied on a route different than specified in permit –The concurrent findings of fact do not warrant any interference. Motor Vehicles Act, 1988: ss.146,147,149,159,160,164 and 166 – Just Compensation – Reasonable Compensation – Payment of Compensation – Delay in disposal of claim cases – Payment of compensation in a case of death or for damage to the body in a motor accident claim may be based on arithmetical calculation – How far it is just and reasonable, is a matter of satisfaction of the Court by adopting a uniform approach – In assessing the compensation uniformity and reasonability are required to be followed – Directions issued – Constitution of India – Art. 142 – Motor Vehicles Amendment Act – ss.149(2), 159, 164, 166 – Motor Vehicle Amendment Rules, 2022 – r.30. |
Judge | Hon'ble Mr. Justice J.K. Maheshwari |
Neutral Citation | 2022 INSC 1282 |
Petitioner | Gohar Mohammed |
Respondent | Uttar Pradesh State Road Transport Corporation & Others |
SCR | [2022] 9 S.C.R. 43 |
Judgement Date | 2022-12-15 |
Case Number | 9322 |
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