Supreme Court Yearly Digest 2024: Motor Vehicles Act, 1988

Motor accident compensation – Assessment of compensation on the basis of income of deceased – The Motor Vehicles Act, 1988 provides for assessment of just and fair compensation. Assessment of compensation cannot be done with mathematical precision. The assessment of income of the deceased by the High Court was done on a very conservative basis. Considering the material placed on record, income of the deceased deserves to be re-assessed as it is established that he was multi-tasking and was not engaged in a 9.00 to 5.00 P.M. job. Considering the age of deceased at the time of accident as 52 years, the applicable multiplier for computation of compensation would be 11 times the sum of total dependency, as per the judgment of this Court in Sarla Verma (Smt.) and others v. Delhi Transport Corporation and another, (2009) 6 SCC 121, approved by the Supreme Court in National Insurance Company Ltd. v. Pranay Sethi and others, (2017) 16 SCC 680. (Para 14 & 15) Vethambal v. Oriental Insurance Company, 2024 LiveLaw (SC) 206 : AIR 2024 SC 1377Is deemed transfer of motor insurance policy on sale of vehicle applicable only to third party risks ? The Supreme Court refers to a larger bench. Jaswinder Singh v. New India Assurance Company Ltd., 2024 LiveLaw (SC) 190Section 161 - Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022 - If the Police conclude that it is a case of hit and run accident, the Police must inform the victim or the legal representatives of the victim, as the case may be, about the availability of the Scheme. (Para 6) S. Rajaseekaran v. Union of India, 2024 LiveLaw (SC) 35 : AIR 2024 SC 583Section 166 - Compassionate Assistance to Dependents of Deceased Government Employees, Rules, 2006 (Haryana) - The family of a deceased in a motor accident cannot seek "double benefits". If the family has received benefits from the State Government on account of the death of the deceased, then such benefits are liable to be deducted from the compensation payable under the Motor Vehicles Act. There cannot be a duplication in payments or a windfall owing to a misfortune. On the death of the person in harness, owing to a road traffic accident the dependents of a deceased cannot be doubly benefited as opposed to those who are dependents of a deceased who dies owing to illness or any other reason under the Rules formulated by the Haryana Government. (Para 6) Krishna v. Tek Chand, 2024 LiveLaw (SC) 116Section 166 - Homemaker's deemed income cannot be less than minimum wages notified for daily wager. The role of a homemaker is as important as that of a family member whose income is tangible as a source of livelihood for the family. The activities performed by a home-maker, if counted one by one, there will hardly be any doubt that the contribution of a home-maker is of a high order and invaluable. In fact, it is difficult to assess such a contribution in monetary terms. (Para 8) Arvind Kumar Pandey v. Girish Pandey, 2024 LiveLaw (SC) 152Section 173 – Appeal – A person dissatisfied with the amount of compensation received can file an appeal. (Para 12) Alifiya Husenbhai Keshariya v. Siddiq Ismail Sindhi, 2024 LiveLaw (SC) 414Section 123(2), Motor Vehicles Act, 1988; Section 2(30) and Sale of Goods Act, 1930; Section 19 – Invalidation of election on grounds of corrupt practices by candidate – Non-disclosure of 3 vehicles – As per Section 2(30) of Act of 1988, an “Owner” is a person in whose name a motor vehicle stands registered. As per Section 19 of Act of 1930, where there is a contract for the sale of specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. Held, mere failure to get registered the name of the new owner of an already registered vehicle does not mean that the sale/gift transaction would stand invalidated and such a vehicle, despite being physically handed over to the new owner, cannot, by any stretch of imagination, be treated as still being in the possession and control of the former owner. Held, once it is accepted that the three vehicles in question were either gifted or sold before the filing of the nomination by candidate, the said vehicles cannot be considered to be still owned by candidate's wife and son for purposes other than those covered by the Act of 1988. Non-disclosure of the three vehicles registered in the names of the wife and son of candidate, could not be treated as an attempt of candidate to unduly influence the voters. Such non-disclosure cannot lead to invalidation of election on grounds of corrupt practices under Section 123(2). (Para 22, 27 & 28) Karikho Kri v. Nuney Tayang, 2024 LiveLaw (SC) 290 : AIR 2024 SC 2121It is for the Tribunal in a given case to make a decision as to whether the entire amount has to be released or if it is to be released in part. Law Association v. Director General of Police, 2024 LiveLaw (SC) 499Emoluments and benefits such as house rent allowance,...

Supreme Court Yearly Digest 2024: Motor Vehicles Act, 1988

Amisha Shrivastava

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