Gujarat High Court
LEGAL SUBJECT
Transport, Maritime, and Aviation Law
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Gauhati High Court
Unrebutted oral evidence may establish a deceased’s income despite absence of documentary proof.
On 4 January 2015, the deceased, aged 48 years and unmarried, was riding his motorcycle towards Banderdewa when an oil tanker, allegedly driven rashly and negligently, struck the motorcycle from behind and ran over hi...4 MIN READ↗
Delhi High Court
Absence of eyewitness evidence or precise train identification does not defeat a bona fide passenger’s untoward-incident claim.
The appellant challenged the Railway Claims Tribunal’s judgment dated 6 September 2019 dismissing her claim for compensation following the death of her son, Gaurav Garg, in Claim Application No. OA/II(u)/126/2018.3 MIN READ↗
Delhi High Court
Non-recovery of a journey ticket cannot, by itself, negate bona fide passenger status.
On 03.10.2017, Yogesh Kumar allegedly travelled by train from Sasni to Aligarh. The appellants’ case was that, due to overcrowding, a co-passenger pushed him and a sudden jerk caused him to fall from the train, result...3 MIN READ↗
Tripura High Court
Compensation must reflect the notified monthly notional income of ₹12,000 for skilled workmen.
On 4 February 2021, the appellant, Sri Bikash Debnath, sustained injuries in a motor-vehicle accident involving bus No. TR-01-B-1397 and truck No. AS-01-DD-8999.2 MIN READ↗
Madras High Court
Tribunal may rely on earlier credible income-tax returns where subsequent returns appear inflated.
On 11 March 2017, the first respondent was travelling as a pillion-rider on a motorcycle when the vehicle struck a roadside stone due to the rash and negligent driving of the second respondent, the owner-cum-rider. Th...3 MIN READ↗
Delhi High Court
Pensionary benefits cannot be deducted from motor accident compensation as pecuniary advantages.
Munshi Ram Bhardwaj, aged 82 years, was fatally injured when he was struck by scooter No. DL 12 SQ 6894 on 18 December 2021; he died on 21 December 2021.4 MIN READ↗
Gujarat High Court
Section 164’s beneficial fixed-compensation regime applies retrospectively to pre-amendment motor accidents.
On 22 February 2005, the claimant was travelling in Truck No. GJ-7-X-3237, loaded with iron rods and proceeding from Bhavnagar to Surat. Near Palej, the truck’s front tyre suddenly burst and the truck collided with Tr...3 MIN READ↗
Gujarat High Court
Contributory negligence cannot be inferred merely from a motorcycle’s involvement absent corroborative evidence.
On 31 January 2016, Ramsingbhai Bhemabhai Koli and Bharatbhai Nanabhai Koli were travelling on motorcycle No. GJ-17-AD-7343 near Vanzar Hotel, Piplod village.3 MIN READ↗
Gujarat High Court
Motor accident compensation must reflect correctly assessed income and prescribed conventional damages.
The appellants, original claimants, preferred a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 8 January 2025 passed by the Motor Accident Claims Tribunal, Raj...2 MIN READ↗
Delhi High Court
Criminal acquittal does not negate negligence established on a preponderance of probabilities in MACT proceedings.
On 20 April 2006, Praveen Sharma was riding a motorcycle near Rajiv Chowk, Gurgaon, with his brother, Raman Sharma, as pillion rider, when a truck owned by D.S. Construction Ltd. and driven by Darshan Singh allegedly...4 MIN READ↗
Patna High Court
Secretary cannot unilaterally modify a sanctioned permit timetable contrary to its terms.
The petitioners held permanent inter-State stage carriage permits issued by the State Transport Authority, Bihar, valid from 30 August 2018 to 29 August 2023.2 MIN READ↗
Chhattisgarh High Court
Prolonged hospitalization justifies enhanced compensation for attendant charges, transportation, pain and suffering, and future treatment.
The appellant, Dashrath Kashyap, sustained injuries to his head, leg, chest, shoulder and hand in a motor accident.2 MIN READ↗
Chhattisgarh High Court
Unchallenged eyewitness testimony, corroborated by the charge-sheet, establishes the offending vehicle’s negligence.
On 29 July 2023, Rajju Sahu was working in a field when tractor No. CG-04-NJ-6469 was allegedly driven rashly and negligently by Pradeep Kumar Sahu.3 MIN READ↗
Chhattisgarh High Court
Delayed FIR does not defeat a motor accident claim absent evidence of false implication.
Rajesh Netam sustained injuries in a road accident on 21 July 2019 and subsequently died during treatment on 5 August 2019.4 MIN READ↗
Chhattisgarh High Court
Section 164 does not cover a deceased rider who steps into the vehicle owner’s shoes.
On 15 November 2021, Mahendra Gilahare, aged approximately 29 years, was riding motorcycle No. CG-04-NF-2774 when a cow allegedly came onto the road near Bauji Dhaba, causing the motorcycle to collide with it. Mahendr...3 MIN READ↗
Gujarat High Court
In absence of income proof, compensation must be assessed using prevailing minimum wages for skilled workers.
The original claimant, aged approximately 72 years, was crossing the road on his Luna when he was hit from behind by a car.3 MIN READ↗
Gujarat High Court
Lack of a valid licence for a gearless moped does not bar the injured claimant’s compensation claim.
On 29 September 2006, a road accident occurred between a Hero Puck moped bearing registration No. GJ-9-J-2183 and a jeep bearing registration No. GJ-9-M-816 on the Idar–Himmatnagar Road near village Dhandha.3 MIN READ↗
Gujarat High Court
For grievous motor-accident injuries, Section 164(2) provides ₹2.5 lakh no-fault compensation.
The appellant, Bhimsinh Devubha Sodha, was employed as the driver of a Qualis car bearing registration no. GJ-7-R-9078. On 21 August 2007, while travelling towards Gandhidham, the Qualis was involved in a collision wi...3 MIN READ↗
Uttarakhand High Court
In exceptional circumstances, courts may apply Section 163-A’s structured formula despite unproved negligence.
On 13 February 2008, Abbal/Awwal Singh was travelling in Tata Scorpio Gold bearing registration No. UA-07P-5337 when it met with an accident at Village Sarkanda, Tehri Garhwal.3 MIN READ↗
Gujarat High Court
Income-tax returns establish the deceased’s monthly income for computing motor accident compensation.
The accident and the insurer’s liability to pay compensation were undisputed. The Motor Accident Claims Tribunal assessed the deceased’s monthly income at ₹6,000 and awarded total compensation of ₹10,85,800.2 MIN READ↗
Madras High Court
Triple riding alone does not establish contributory negligence absent proof that it caused the accident.
On 30 June 2015, Mathankumar was riding a motorcycle bearing Registration No. TN-48-AX-1081 on the Trichy–Salem Main Road, with Nagarajan and Muruganandam as pillion riders. Near Padhanithoppu, a lorry bearing Registr...4 MIN READ↗
Madras High Court
An unproved certificate cannot overturn negligence established by admissible evidence of sudden braking.
Nagarajan died on 12 January 2020 from injuries sustained in a motor accident on 31 December 2019, while travelling as a passenger in the appellant-Transport Corporation’s bus bearing Registration No. TN-01-N-7351.3 MIN READ↗
Madras High Court
Unrebutted eyewitness testimony corroborated by FIR and charge sheet sustains negligence against the bus driver.
Respondents 1 and 2, the parents of Ibrahim, filed a claim petition under the Motor Vehicles Act, 1988, seeking ₹70 lakhs for his death in a road accident on 17 March 2018. The deceased, aged 24, was riding a two-whee...3 MIN READ↗
Gujarat High Court
Motor accident compensation must include future prospects and consortium for each eligible claimant under Supreme Court precedent.
On 22 December 2012, an accident occurred between a tanker and a truck, resulting in the death of the tanker’s driver. His widow and three children filed a motor accident compensation claim petition.3 MIN READ↗
Gujarat High Court
A police charge-sheet constitutes prima facie proof of negligence; absent contrary evidence, the car driver bears sole liability.
On 16 September 2000, a motorcycle collided with a car, resulting in the death of the motorcycle rider, an Assistant Teacher aged approximately 35–36 years. The car was insured, and the insurer’s liability to satisfy...2 MIN READ↗
Gujarat High Court
A deceased MBBS doctor’s prospective income may be assessed at ₹20,000 monthly with 50% future prospects.
On 21 May 2002, a collision occurred between a Santro car and a truck, resulting in the death of the Santro car’s unmarried driver.2 MIN READ↗
Chhattisgarh High Court
Matter remanded for fresh consideration after hearing parties and permitting relevant documents.
The four writ petitions arose from disputes concerning the grant/continuation of transport permits and the eligibility of the vehicle proposed by Krishna Transport Transconnect.2 MIN READ↗
Punjab and Haryana High Court
Accidental falls from crowded trains constitute untoward incidents absent proof of self-inflicted injury.
The appellant, Rajinder Prasad, aged approximately 48 years, claimed that he purchased a computerised railway ticket for ₹169 from Siwan to Ambala Cantt. and travelled by Jan Sadharan Train No. 04601.4 MIN READ↗
Jharkhand High Court
Motor accident compensation for a 19-year-old bachelor requires 50% deduction, multiplier 18, and 40% future prospects.
The appellants were the parents of a 19-year-old deceased who died in a motor-vehicle accident involving truck No. HR-38C-4951, insured with Reliance General Insurance Company Ltd.3 MIN READ↗No articles match these filters.