Supreme Court Half Yearly Digest 2022 (Jan – Jun) Motor Vehicles Act

Constitution of India, 1950; Article 12 - State - Whether Automotive Research Association of India Is A State -The majority of the members of the Association are associated with the manufacturers of the automobiles or their components and are not in service of the government. They are private players and from the motor vehicle industry - The main objective and function of the association relate to motor vehicles which is not directly or indirectly a field connected with functions of the government - One function assigned to the Association, which is not the primary and forms a small fraction of their activities and functions performed by the Association, would not matter. An overall and holistic view of the functions and activities, including the primary function(s), should be taken into consideration - Association is not an agency or instrumentality of the Government. Further, the Government does not have deep and pervasive control over it. (Para 18 - 24) Kishor Madhukar Pinglikar v. Automotive Research Association of India, 2022 LiveLaw (SC) 189 Consumer Protection Act, 1986 - Consumer complaint alleging vehicle defect - The limitation will run from the day the defect surfaces in a case. (Para 7) Hyundai Motor India Ltd. v. Shailendra Bhatnagar, 2022 LiveLaw (SC) 399 : 2022 (6) SCALE 587 Consumer Protection Act, 1986; Section 14(1) - If the reliefs granted in a consumer complaint fits any of the statutory provision contained in sub clause (1) of Section 14 of the Act, it would be well within the power and jurisdiction of the Forum to pass directions irrespective of the fact as to whether specifically certain reliefs have been claimed or not, provided that facts make out foundations for granting such reliefs. In any event, it is within the jurisdiction of the said forum to mould the reliefs claimed to do effective justice, provided the relief comes within the stipulation of Section 14(1) of the Act. (Para 15) Hyundai Motor India Ltd. v. Shailendra Bhatnagar, 2022 LiveLaw (SC) 399 : 2022 (6) SCALE 587 Consumer Protection Act, 1986; Section 14(1) - The failure to provide an airbag system which would meet the safety standards as perceived by a carbuyer of reasonable prudence should be subject to punitive damages which can have deterrent effect. And in computing such punitive damages, the capacity of the manufacturing enterprise should also be a factor - Such damages can be awarded in the event the defect is found to have the potential to cause serious injury or major loss to the consumer, particularly in respect of safety features of a vehicle. (Para 13) Hyundai Motor India Ltd. v. Shailendra Bhatnagar, 2022 LiveLaw (SC) 399 : 2022 (6) SCALE 587 Meerut Fire Tragedy (2006) - 40:60 Liability On State & Organizers To Compensate Victims - Allahabad High Court Chief Justice to nominate within two weeks a District Judge or Additional District Judge to work on a day to day basis for determining the compensation payable to the families of the victims of the fire that broke out during a consumer fair in Meerut in 2006 - Computation of compensation in accordance with the principles of just compensation as in the case of accident under the Motor Vehicle Act, 1988 by the Motor Accidents Claims Tribunal. Sanjay Gupta v. State of Uttar Pradesh, 2022 LiveLaw (SC) 368 : 2022 (6) SCALE 164 Motor Accident Compensation Claims - Enhanced the compensation payable to over Rupees 50 Lakhs in a motor accident case where appellant has been rendered paralysed for life after he met with an accident as a 5 year old boy in 2010 - The appellant is not able to move his both legs and had complete sensory loss in the legs, urinary incontinence and bowel constipation and bed sore. Master Ayush v. Reliance General Insurance, 2022 LiveLaw (SC) 330 : 2022 (5) SCALE 411 Motor Accident Compensation Claims - The determination of damages in personal injury cases is not easy. The mental and physical loss cannot be computed in terms of money but there is no other way to compensate the victim except by payment of just compensation. (Para 12) Master Ayush v. Reliance General Insurance, 2022 LiveLaw (SC) 330 : 2022 (5) SCALE 411 Motor Vehicles Act, 1988 - Motor Accident Compensation - Awarding compensation on the head of pain, shock and suffering - Factors to be considered - Prolonged hospitalization; the grievous injuries sustained; the operations underwent and the consequent pain, discomfort and suffering - There cannot be straight jacket formula. It depends upon the facts and circumstances of each case and it varies from person to person who has suffered due to the accident. (Para 8) Benson George v. Reliance General Insurance Co. Ltd., 2022 LiveLaw (SC) 214 : AIR 2022 SC 1216 Motor Vehicles Act, 1988 - Motor Accident Compensation - Awarding compensation on the head of Loss of amenities and happiness suffered by the claimant and his family members - Factors -...

Supreme Court Half Yearly Digest 2022 (Jan – Jun) Motor Vehicles Act

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