All
100% permanent disability
100% permanent disability for earning
12% permanent disability
17 years old deceased
25% permanent disability
32% permanent disability
44% permanent disability
50% amount of compensation in fixed deposits
55% permanent disability of driver
58% permanent disability at to the whole body
6 months old deceased
60% permanent disability
65% permanent disability
69% permanent disability
75% permanent disability
80% permanent disability
90% permanent disability
Accident after expiry of driving license
Accident at Rajasthan
Accident by borrower/ brother of owner
Accident by financed vehicle
Accident by Oil Tanker
Accident outside India
Accident within 30 days of expiry of driving license
Accident’s proof
Acquittal in criminal case
Act only policy
Additional evidence
Additional evidence at appellate stage
Adverse inference
Age of claimant
Age of deceased
Agony of parents
Agreement discharging liability
Agriculturist deceased
Amending Act No.54 of 1994
Amicus Curiae
Amputation of leg
Amputation of toes
Any liability
Any person
Appeal by insurance company
Appellate Court jurisdiction
Appellate jurisdiction of Supreme court
Appointment of Amicus Curiae
Apportionment of negligence
Army personnel deceased
Assessment of income
Assessment of Income of deceased
Assessment of permanent disability
Attendant charges
Authorized representatives of owner
Bachelor deceased
Bank manager deceased
Borrowed vehicle
Breach of policy
Brother’s right to claim compensation
Burden of proof / Onus of proof
Businessman deceased
Carpenter deceased
Cause of death
Central Motor Vehicles Rules, 1989
Challenge by insurance company
Change of stand in statement
Charge-sheet in criminal case
Chartered Accountant’s injury case
Child injury case
Claim by brother, sisters and nephews
Claim petition at Gurugram
Claim petition by dependents of employee
Claim petition by employee
Claim petition dismissed against driver
Claim petition under Motor Vehicle Act
Code of Civil Procedure, 1908 (V of 1908)
Code of Civil Procedure, 1908 (V of 1908)
Collusion between the claimants and the owner/driver
Commercial use of vehicle
Commercial vehicle owner/transporter deceased
Compensation for liability without fault
Compensation in Motor vehicle accident case u/s 163-A
Compensation to passenger of tractor
Compensation u/s 140 and 163A of MV Act
Composite negligence
Comprehensive policy/ Package policy
Compulsory Insurance Policy
Consent of owner
Consolidated compensation
Constitution of India
Continuation of business after death
Contributory negligence
Conventional heads
Conversion of petition from section 163-A to 166
Cost of proceedings
Cross examination of eye witness
Daily diary report
DDR of accident
Death case
Deceased having Heavy vehicle driving licence
Deduction for personal and living expenses
Deduction not permissible
Deduction of income tax
Deduction of Life Insurance premium
Deduction of payment under EFB Scheme
Deduction of Pension and Gratuity
Deduction of pensionary benefits
Deemed transfer of policy
Delay in compensation
Delay in FIR
Delay in revision
Delayed claim
Delayed claim petition
Denial of accident by driver
Denial to accept treatment by patient
Dependency / deduction for personal expenses
Dependency of Brothers
Dependency of claimants
Dependency of Father
Dependency of Father and Sister
Dependency of married sons
Dependency of Parents
Details of vehicle/ Driver missing in FIR
Determination of age of deceased
Determination of income of deceased
Difference between contributory and composite negligence
Disability
Disability Certificate
Disability for earning
Discharge against medical advice
Dismissal of petition u/s 163-A of the M.V Act on maintainability
Distinct legal entities
Doctor’s evidence
Doctrine of estoppel
Driver deceased
Driver injured
Driver’s name
Driving licence
Driving license for Light Motor Vehicle
Driving license from Nagaland
Driving license not on smart card
Driving license to minor
Duty of First Appellate Court/ High Court
Duty of owner
Earning son
EFB Scheme’s monthly payment
Effect of acquittal in criminal case
Effect of delay in FIR
Effect of non-lodging of FIR
Effect of passengers beyond seating capacity of vehicle
Employees’ Compensation Act 1923 (8 of 1923)
Employees’ State Insurance Act, 1948 (34 of 1948)
Employee’s right
Employment injury
Endorsement on Licence
Engineering student deceased
Enhancement of compensation without appeal
Evidence of Employment of deceased
Evidential value
Evidential value DDR
Ex-gratia payment
Execution of order
Expense for bystander
Expert evidence
Expiry of driving license
Extent of composite negligence
Extra nourishment expenses
Failure to re-examine medically
Fake/ Forged driving licence
False claim for compensation
Father and Sister
Father-son are distinct legal entities
Father’s/ Mother/ Parent’s/ Sister’s dependency/ rights
Father’s/ Mother’s/ Parent’s dependency/ rights
Filing of charge-sheet
Financer’s liability
Financial assistance to family of deceased Government employee
Finding of Tribunal
FIR after more than one month
FIR author not examined
First Appeal
Fixed Deposit
Fixed salary job
Foreigner deceased/claimants
Fraud
Functional disability
Funeral and last rite expenses
Future loss of income
Future medical expenses
Future prospects
Future treatment
Geographical binding
Government employee deceased
Gratuitous passenger
Gratuitous Passengers in Goods Vehicle
Gratuity and Pension
Gross salary of deceased
Harmonious construction
Haryana Compassionate Assistance to the dependents of the Deceased Government Employees Rules, 2006
Head on collision
Heavy motor vehicle licence holder
Highly skilled upper labourer deceased
Hire purchase agreement
Hired vehicle
Home Guard deceased
Home maker/ Household lady / Housewife deceased
Identity of driver
Incidental expenses
Income above Minimum wages
Income of deceased
Income of minor
Income Tax Return
Indian Evidence Act, 1872 (1 of 1872)
Indian Motor Tariff, General
Indicator for turn was not given
Injured doctor
Injury case
Injury to driver
Insurance company’s contention on merit
Insurance Company’s Liability / Insurer’s Liability / Liability of Insurance Company / Liability of insurer
Insurance Company’s right to appeal
Insurance of vehicle
Insurance policy cancelled by financier
Insured vehicle
Interest @ 12% p.a
Interest @ 6% p.a
Interest @ 7% p.a
Interest @ 7.5 % p.a
Interest @ 8% p.a
Interest @ 8.5% p.a
Interest @ 9% p.a
Interest on delayed period
Interpretation of 'employment injury'
Intimation to Insurance Company
Invalid driving license
Investigation report in FIR
Investigator report of Insurance Company
Involvement of vehicle
Joint and several liability
Joint tort feasors
Jurisdiction of claim petition
Just compensation / Just and fair compensation / Just and reasonable compensation
L.M.V licence
Labour Contractor
Last rite expenses
Lease of vehicle to Transport undertaking
Less compensation claimed
Liability of Employer/Owner
Liability of Insured-owner
Liability of joint tort feasors
Liability of owner / registered owner
Liability of Transport Undertaking
Liability/Obligation of Financer
License of driver
License of Light Motor Vehicle
Life Insurance premium
Limitation for claim petition
Long pendency of proceedings
Loss of amenities & enjoyment of life and happiness
Loss of amenities/prospects of marriage
Loss of care, guidance, love and affection
Loss of Consortium
Loss of cover-note by Insurance company
Loss of earnings/ Loss of earning capacity/ Loss of future earning/ Loss of future income
Loss of estate
Loss of expectation of life
Loss of future earning
Loss of future enjoyment/matrimonial enjoyment
Loss of future income
Loss of future prospects
Loss of love, care and guidance
Loss of marriage prospects
Loss of studies
Love and affection
Maintainability of claim by brothers’, sisters’ and nephews’
Maintainability of Claim petition by employee/ employee’s dependents
Maintainability of second claim petition
Manner of accident disputed
Married daughter
Married deceased
Married sons
Mechanic deceased
Mechanical defect in vehicle
Medical and treatment expenses
Medical attendant
Medical Bill
Medical charges
Medical evidence
Medical evidence not produced
Medical evidence not-pleaded in claim petition
Medical Expenditure/ Medical expenses/ Medical Treatment expenses
Medical Student deceased
Minimum wages
Minor deceased
Minor driver
Minor injured
Modification of rate of interest on award
More than claimed amount awarded
Mother’s dependency/ rights
Motor Vehicle Rules, 1989
Motor Vehicles Act, 1988 (59 of 1988)
Motorcycle driver
Multiplicand/Multiplier
Nature of claim petition under Motor Vehicle Act
Nature of evidence
Negligence
Nephew’s right to claim compensation
Net salary of deceased
New Pleading in High Court
No allegation in DDR regarding negligence
No deduction for personal expenses
No details of vehicle/driver in FIR
No fault liability
No recovery from the claimants
Non mentioning of vehicle number
Non negligence
Non pleading of defence
Non registration of F.I.R
Non wearing of helmet
Non-appearance of counsel on record and arguing counsel of appellant
Non-examination as witness
Non-examination of doctor
Non-examination of eye witness
Non-examination of official of IT Department
Non-exhibition of documents before tribunal
Non-involvement of insured vehicle in accident
Non-involvement of vehicle
Non-lodging of FIR
Non-pleading in written statement
Non-pleading of medical evidence
Non-rebuttal of statement by driver/owner
Non-registration of criminal case against driver
Non-renewal of driving license
Non-reporting of accident to police by eye-witness
Non-working lady deceased
Notional income
Notional income of minor
Object of Section 163-A of M.V Act
Object of the Motor Vehicle Act
Obligation/Liability of Financer
Offending vehicle
Option to claimant
Oral evidence
Ownership of vehicle
Package policy
Pain and suffering
Parents’ dependency/ Parents’ right to compensation
Parking in the middle of road
Passenger deceased
Passenger travelling in private passenger car
Passengers beyond seating capacity of vehicle
Pay and recover/ Recovery rights to Insurance company
Pension and Gratuity
Pensionary Benefits
Perks and allowance of employee
Permanent disability
Permanent job
Permissibility of additional evidence
Permissible deduction
Personal accident claim
Personal and living expenses
Physical Functional disability
Physical pain and suffering
Pillion rider
Plea of collusion
Pleadings
Plying under an agreement with the Corporation
Police Constable deceased
Possible view
Post-mortem not conducted
Poultry labourer injured
Power of enhancement of compensation without appeal
Power of Tribunal
Preponderance of probability/ Principle of evidence/ Principle of preponderance of probabilities
Principle of multiplier
Principle of “pay and recover”
Procedural lapse
Professional driver injured
Proof of accident
Proof of driving license
Proof of negligence
Public Service Vehicle
Quantum of compensation
Rash and negligence driving
Rash and negligent driving by other vehicle
Recovery from claimants
Recovery right of one joint tort feasor
Recovery rights to Insurance company
Registered owner
Registration of FIR
Registration of FIR against claimant
Release of Fixed Deposit/FDR
Relevant factors for determining rate of interest
Reliance upon investigation report in FIR
Renewal of fake driving licence
Revision in pay
Revisional Court’s power/ Revisional power
Right of earning son
Right of Insurance Company to file appeal
Right of married daughter
Right of more than claimed amount
Route permit
Salary certificate of Pvt Firm
Salary of deceased
Sale of vehicle
Scope of Compulsory Insurance
Scrap Dealer Deceased
Second claim petition
Secondary evidence
Self-employed deceased
Shock, pain and suffering
Simultaneous proceedings u/s 163-A and Section 166
Sister’s right to claim compensation
Skilled worker deceased
Special diet and nutrition charges
Split multiplier
Standard of proof
Stationary vehicle
Student’s death
Successors of deceased of offending vehicle
Suo moto claim
Supervisory jurisdiction of High Court
Teacher deceased
Territorial jurisdiction
Third party liability/ Third party policy
Tractor driver
Tractor with trolley
Transfer of vehicle
Transport vehicle
Transportation charges
Transporter/Commercial vehicle owner deceased
Treatment expenses
Triple riding on two wheeler/motor cycle
Truck cleaner deceased
Unmarried deceased
Unmarried injured
Unpaid Passengers
Uttar Pradesh Motor Vehicles Rules, 1998, Rule 3(iii)
Validity of driving license
Validity of outstation license
Value of investigator report of Insurance Company
Vegetable vendor deceased
Vehicle number
Version in DDR
Vicarious liability
Victim in Coma
Victims’ appeal
Violation of terms and conditions of route permit
Welder deceased
Witness

Accident Claim Cases Digest

Gratuitous Passengers in Goods Vehicle

Claimants are young children who have suffered permanent disability -- Principle of “pay and recover” should be invoked – Insurance company shall pay the compensation to the claimants and shall have the right to realize the said amount of compensation from driver and owner of the vehicle.

(SC) Decided on: 09.08.2019