Delhi High Court
LEGAL SUBJECT
Transport, Maritime, and Aviation Law
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Delhi High Court
Mere non-recovery of a journey ticket cannot disprove bona fide passenger status.
The deceased, Rajeev, allegedly purchased a valid journey ticket from Dankaur to Ghaziabad and travelled by Train No. 64107, later corrected to Train No. 64152, on 14 November 2018.4 MIN READ↗
Delhi High Court
MACT must allow impleadment and evidence on composite negligence in head-on collision cases.
On 6 October 2021, a scooter driven by Pulkit, with Ranjeet as pillion rider, collided with truck No. DL-1MA-2953, resulting in Ranjeet’s death.3 MIN READ↗
Delhi High Court
An insurer’s investigator report alone cannot establish wilful breach or justify recovery rights for a fake licence.
On 9 September 2009 at about 10:00 p.m., the deceased, aged 21 years, was riding a bicycle when he was hit from behind by an RTV vehicle. He sustained grievous injuries and subsequently died at GTB Hospital.3 MIN READ↗
Delhi High Court
Liability for an accident caused by a minor driver rests with the vehicle owner.
On 30 November 2006, Parvati was crossing a road near Rama Park when motorcycle No. DL-4SAL-8316, driven by the appellant Karan Sharma, struck her. She sustained serious injuries and died on 5 December 2006.3 MIN READ↗
Delhi High Court
Belatedly produced vending challans cannot reopen a completed survey; consideration is limited to future surveys with excess capacity.
The Petitioner claimed to be a street vendor operating near Delhi Cantonment Metro Station, Gate No. 1, Ring Road, and sought permission to vend peacefully from the designated site.4 MIN READ↗
Delhi High Court
Liability for an accident caused by a minor driver rests with the vehicle owner.
On 30 November 2006, Parvati was crossing a road near Rama Park when motorcycle No. DL-4SAL-8316, driven by the appellant Karan Sharma, struck her. She sustained serious injuries and died on 5 December 2006.3 MIN READ↗
Delhi High Court
Commercial fleet owners owe heightened diligence in verifying licences; fake licences justify insurers’ recovery rights.
On 17 January 2012, respondent no. 3 was cycling near J&K Bus Stop, Dilshad Garden, when goods carrier truck No. DL-1-GB-3815, owned by the appellant and driven by respondent no. 2, hit him from behind, causing injuries.4 MIN READ↗
Delhi High Court
Multiplier for loss of dependency must be based on the deceased’s age, not the dependent parent’s age.
On 15 November 2006, truck bearing registration no. HR-37B-6085 (“truck no. 1”), driven by Ram Lalitha Shah and insured with Oriental Insurance Co. Ltd., collided with truck bearing registration no. KA-25-9249 (“truck...4 MIN READ↗
Delhi High Court
Multiplier for loss of dependency must be based on the deceased’s age, not the dependent parent’s age.
On 15 November 2006, truck bearing registration no. HR-37B-6085 (“truck no. 1”), driven by Ram Lalitha Shah and insured with Oriental Insurance Co. Ltd., collided with truck bearing registration no. KA-25-9249 (“truck...4 MIN READ↗
Delhi High Court
Merely recovering a passenger’s body beyond the destination does not negate bona fide passenger status.
The appellants, parents of the deceased Satyapal Sharma, challenged the Railway Claims Tribunal’s dismissal of their claim for compensation.3 MIN READ↗
Delhi High Court
Severe injuries alone cannot negate an accidental fall constituting an untoward railway incident.
Ram Avtar Pandey was allegedly travelling from Ghaziabad to Khurja by a MEMU/passenger train on 13.12.2014 with a valid second-class ordinary ticket.4 MIN READ↗
Delhi High Court
Mere non-recovery of a journey ticket does not disqualify a bona fide railway passenger.
The deceased, Zaheer Ahmad, was allegedly travelling by Train No. 74021 from Rampur Maniharan to Saharanpur on 20.02.2022 when he fell from the train near Jandhera Samaspur and died.3 MIN READ↗
Karnataka High Court
Claimants must prove offending vehicle involvement on a preponderance of probabilities; a charge-sheet alone is insufficient.
The claimants filed MVC No.450/2003 under Section 163-A of the Motor Vehicles Act, 1988, seeking compensation for the death of Azar, who allegedly died in a road accident on 11 May 2003 while riding a motorcycle.3 MIN READ↗
Gujarat High Court
Income-tax returns filed after the accident cannot be discarded when assessing the deceased’s income.
Abhishekbhai Pravinchandra Gandhi, aged 21 years, died in a motor accident on 9 January 2002 when a dumper truck, allegedly driven rashly and negligently while overtaking his motorcycle, collided with him.3 MIN READ↗
Gujarat High Court
Insurer cannot avoid liability for driving-licence breach without adducing supporting evidence.
On 3 May 2019, Manji Kesha Anavadiya was travelling as a pillion rider on a motorcycle from Rapar to Samakhiyali when a TVS Luna allegedly emerged from a railway gate without due caution and collided with the motorcycle.3 MIN READ↗
Gujarat High Court
Below-knee amputation rendered the truck driver 100% functionally disabled for loss-of-earning-capacity assessment.
On 24 March 2007, the appellant, a 28-year-old truck driver, was driving Truck No. GJ-10-V-4700 when it was allegedly hit by Truck No. GJ-12-T-7668, driven rashly and negligently by respondent No.3.3 MIN READ↗
Gujarat High Court
Insurer must indemnify goods-vehicle occupants when they are goods owners or policy-covered loaders.
On 8 June 2007, Prabhubhai Haribhai Patel, Pankajbhai Kanjibhai Patel and Haribhai Dayalbhai Patel were travelling in an Eicher truck bearing registration No. GJ-3-U-9420. The truck was allegedly driven rashly and neg...4 MIN READ↗
Gujarat High Court
Insurer accepting additional premium to cover a driver cannot avoid liability for the driver’s self-negligence.
On 24 May 2012, the appellant was driving a Tata Magic when it collided with a Bolero allegedly driven rashly and negligently from the wrong side of the road.3 MIN READ↗
Gujarat High Court
Related motor accident claims may be transferred for joint adjudication to avoid conflicting negligence findings.
The applicant, stated to be a road-accident victim, had instituted a motor accident claim petition pending before the Motor Accident Claims Tribunal, Patan.2 MIN READ↗
Madhya Pradesh High Court
Delay in lodging an FIR cannot defeat a motor accident claim absent evidence of fabrication.
On 27 October 2020, Pushpendra was travelling by motorcycle from Sitamau towards Mandsaur when, near Bajkhedi, his motorcycle was allegedly hit by motorcycle No. MP-14-MZ-0178, driven rashly and negligently by Suresh.3 MIN READ↗
Gujarat High Court
Motor Accident Claims Tribunals must decide claims on merits after framing issues, not dismiss them for default.
The petitioners, parents of Maulik, aged 14, filed M.A.C.P. No. 393 of 2003 seeking compensation after Maulik fell from a school bus allegedly due to the rash and negligent driving of respondent No. 1 and died in the...3 MIN READ↗
Karnataka High Court
Biological father of monk not entitled to enhanced accident compensation after son renounced worldly ties, Karnataka High Court rules
On 12 December 2009, the deceased, Pirayogi Gulshannath Gurupeer Harinathji Maharaj, was riding a Bajaj M-80 motorcycle when it was allegedly hit by a negligently driven truck near Gangavali village, resulting in his...3 MIN READ↗
Karnataka High Court
Broiler hens constitute livestock and goods, making accidental loss covered under the motor insurance policy.
The claimant, proprietor of Balaji Poultry Farm, purchased 2,250 broiler hens and transported them in an Eicher van bearing registration No. KA-34/A-5516 from Challakere to Tadapathri.2 MIN READ↗
Supreme Court
Uninsured vehicles to face automatic e-challans as Supreme Court orders technology-based checks and extends third-party cover for new cars to 4 years and two-wheelers to 6 years
The deceased, T. Ramu, was travelling in his Maruti 800 car on 13 July 1996 when an unidentified lorry struck the car from behind, causing injuries that resulted in his death.4 MIN READ↗
Gujarat High Court
A valid ticket and accidental fall establish bona fide travel; alleged self-negligence does not defeat compensation.
On 12.03.2019, the deceased travelled from Ahmedabad to Yesvantpur by Train No. 16501, allegedly holding a valid journey-cum-reservation ticket bearing PNR No. 8715896694.3 MIN READ↗
Gujarat High Court
For a 15-year-old deceased, compensation requires 40% future prospects and a multiplier of 15.
On 24 June 2016, Dilipbhai Nagjibhai, aged approximately 15 years, was travelling as a pillion rider on a motorcycle driven by his paternal uncle.2 MIN READ↗
Gujarat High Court
Income of injured student claimants must be assessed using minimum wages for skilled workers.
On 25 November 2020, the minor claimant, aged approximately 17 years and 5 months, was riding a motorcycle from Rajkot to Gondal with a pillion rider.3 MIN READ↗
Gujarat High Court
For deceased businessmen, average income from prior income-tax returns determines loss-of-dependency compensation.
On 16 February 2005, Ashokbhai was travelling by bus to Bayad for his auto-parts business.3 MIN READ↗
Gujarat High Court
Mere absence of a railway ticket does not negate bona fide passenger status under Section 124A.
The appellant claimed that on 30 January 2015 he was travelling from Bavla to Dhandhuka by Train No. 52939, holding a valid journey ticket, which was lost during the incident.3 MIN READ↗No articles match these filters.