DEVELOPMENT OF LAW RELATING TO

MOTOR ACCIDENT CLAIMS AND IMPORTANT JUDGMENTS/ORDERS

PASSED BY DELHI HIGH COURT

 

 

I N D E X

Sl. No.

                                   Remarks

A.

 Introduction

1.

Orders dated 21.4.2009 18.5.2009, 28.5.2009, 8.6.2009, 20.7.2009 and 5.11.2009 in FAO No.842/2003 relating to enforcement of Sections 158(6) and 166(4) of the Motor Vehicles Act.

 

2.

 

 

 

 

 

2A.

Orders dated 19.12.2009 and 21.12.2009 in FAO No.842/2003 relating to the Special Scheme for Settlement of Motor Accident Claim Cases within 120 days along with Claims Tribunal Agreed Procedure approved by Delhi High Court.

 

Orders dated 15.1.2010 in FAO No.842/2003 regarding framing of scheme for cashless treatment of injured of road accidents.

 

3.

Order dated 25.9.2009 in FAO No.842/2003 regarding suggestions given by the High Court to the Government for amendment of the Motor Vehicles Act.

 

4.

Judgment dated 18.11.2009 in MAC.APP.287/2009 regarding suggestions given by the High Court to the Government for amendment of the Motor Vehicles Act.

 

5.

Judgments dated 3.12.2009 and 23.12.2009 in MAC.APP.236/2009 regarding action against holders/forgers of fake driving licenses.

 

6.

Order dated 21.4.2009 in MAC.A.130/2009 regarding protection of award amount.

 

7.

Order dated 29.5.2009 in MAC.APP.157/2009 regarding protection of award amount.

 

8.

Order dated 22.6.2009 in FAO.492/1999 regarding Delhi Motor Accident Claims Tribunal Rules, 2008.

 

9.

Order dated 22.5.2009 in FAO.884/2003 regarding scope of Sections 165 of the Indian Evidence Act & Sections 168 and 169 of the Motor Vehicles Act.

 

10.

Orders dated 19.8.2009 and 30.11.2009 in MAC.347/2009 regarding enforcement of Section 196 of the Motor Vehicles Act.

 

11.

Judgment dated 12.11.2009 in MAC.APP.284/2008 regarding doctrine of Sovereign Immunity.

 

12.

Judgment dated 9.12.2009 in MAC.APP.176/2009 regarding liability of Insurance Company in respect of a pillion rider on a two-wheeler and occupants in a private car under comprehensive/package policy.

 

13.

Order dated 4.11.2009 in MAC.APP.432/2009 regarding right of legal representatives of the injured to claim compensation after the death of the injured.

 

14.

Judgment dated 2.1.5.2009 in MAC.APP.158/2007 regarding scope of Section 167 of the Indian Evidence Act.

 

15.

Order dated 26.8.2009 in MAC.APP.405/2009 relating to steps to curb delay and repeated adjournments for service of respondents.

 

16.

Judgment dated 14.7.2009 in MAC. APP.13/2007 regarding compensation for death of a child.

 

17.

Judgment dated 10.6.2009 in FAO.486/2000 regarding compensation in the case permanent disability.

 

18.

Judgment dated 31st March, 2009 in MAC.APP.76/2005 regarding compensation in the case permanent disability.

 

19.

Judgment dated 31.3.2009 in MAC.APP.220/2008 regarding frivolous defence raised by Insurance Company.

 

20.

Judgment dated 9.7.2009 in MAC.APP.457/2007 regarding compensation for death of a house wife.

 

21.

Judgment dated 13.8.2009 in MAC.APP.237/2005 regarding compensation for death of a professional on the basis of his earning capacity.

 

22.

Order dated 25.2.2009 in MAC.APP.693/2007 regarding compensation in death case.

 

23

Order dated 26th March, 2009 in MAC.APP.596/2008 regarding deduction of TDS on the award amount.

 

24.

Judgment dated 31.3.2009 in FAO 116/1998 regarding death of a business man.

 

25.

Order dated 6.4.2009 in MAT.APP.91/2009 regarding maintenance fixed on the basis of statement recorded under Section 165 of the Indian Evidence Act.

 

26.

Summary of Development of Law relating to Motor Accident Claims

 

COMPUTATION OF COMPENSATION

1

Judgment dated 11th January, 2010 in MAC.APP.No.475/2008 reg. computation of compensation in death cases.

 

2

Judgment dated 14th July, 2009 in MAC.APP.No.13/2007 reg. computation of compensation in case of death of a child.

 

3

Judgment dated 22nd October, 2009 in MAC.APP.No.139/2008 and MAC.APP.No.154/2008 reg. computation of compensation in case of death of a housewife.

 

4

Judgment dated 18th January, 2010 in MAC.APP.No.511/2009 reg. computation of compensation in case of death of a person whose income is not proved minimum wages to be taken.

 

5

Judgment dated 23rd November, 2009 in MAC.APP.No.135/2008 and MAC.APP.No.359/2008 reg. computation of compensation in case of death of a student pursuing professional course.

 

6

Judgment dated 13th August, 2009 in MAC.APP.No.237/2005 reg. computation of compensation in case of death of a professional.

 

7

Judgment dated 15th January, 2010 in MAC.APP.No.601/2007 reg. computation of compensation in case of death of non-dependant spouse.

 

8

Judgment dated 13th January, 2010 in MAC.APP.No.682/2005 and order dated 20th January, 2010 in MAC.APP.No.135/2008 reg. protection of award amount.

 

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