Rajeev Srivastava Advocate

13/03/2022

Liability to pay interest on compensation amount is from the date of accident not from the date of judgment under Employee compensation Act----Supreme Court

15/01/2020

14/01/2020

Motor Vehicles Act, 1988. Even major sons of the deceased who are married and gainfully employed or earning can claim compensation. Compensation cannot be limited to conventional heads only. Supreme Court 13 January 2020
National Insurance Company Limited vs Birender & Ors
Civil Appeal 242243 of 2020
Decided on 10 January 2020
A.M. Khanwilkar-J
Dinesh Maheshwari-J
Judgment Link:https://main.sci.gov.in/supremecourt/2018/47693/47693_2018_7_1501_19449_Judgement_13-Jan-2020.pdf

HELD: 12….. The principal issues which arise for our consideration are as follows:
(i) Whether the major sons of the deceased who are married and gainfully employed or earning, can claim compensation under the Motor Vehicles Act, 1988 (for short, ‘the Act’)?
13. Reverting to the first issue that needs to be answered on the basis of the scheme of the Act. Section 166 of the Act provides for filing of application for compensation by persons mentioned in clauses (a) to (d) of subSection (1) thereof.
14. The legal representatives of the deceased could move application for compensation by virtue of clause (c) of Section 166(1). The major married son who is also earning and not fully dependant on the deceased, would be still covered by the expression “legal representative” of the deceased. This Court in Manjuri Bera (supra) had expounded that liability to pay compensation under the Act does not cease because of absence of dependency of the concerned legal representative. Notably, the expression “legal representative” has not been defined in the Act. In Manjuri Bera (supra), the Court observed thus:
“9. In terms of clause (c) of subsection (1) of Section 166 of the Act in case of death, all or any of the legal representatives of the deceased become entitled to compensation and any such legal representative can file a claim petition. The proviso to said subsection makes the position clear that where all the legal representativ

01/11/2019

14/07/2019

According to the judgment of supreme court in the matter of mukund devgan vs oriental insurance company a driver having valid driving licence to drive private car can also drive the commercial taxi and maxi cab without having its driving licence

15/02/2019

The Supreme Court held that while deciding cases arising out of motor vehicle accidents, the standard of proof to be borne in mind by the Motor Accidents Claims Tribunal (MACT/ Tribunal) must be of preponderance of probability and not the strict standard of proof beyond all reasonable doubt which is followed in criminal cases.

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The Supreme Court held that in cases before Motor Accidents Claims Tribunal (MACT) the standard of proof must be of preponderance of probability

01/01/2019

*Wish you and your family a very very happy prosperous & wonderful year 2019.May god fulfill all of your wishes in your life.*
💐💐🙏💐💐
With regard
*Rajeev Srivastava
*Advocate
*Ghaziabad*

27/12/2018

Latest judgment of supreme court -
Shiv Raj Singh versus rajender singh wherein the hon'ble Supreme Court held that if a tractor insured for agricultural purpose not for carrying goods then insurance company will not be liable for any compensation for the death or injury of the passengers travelling in the tractor.
2018 (10) SCC 432

04/11/2018

Workmen compensation act - Intrest to be awarded on the amount of compensation from the date of accident : Supreme Court.
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The Supreme Court has observed that while awarding interest on the compensation to an employee, under the Workmen’s Compensation Act, it is to be awarded from the date of the accident. The employer had challenged the compensation awarded to the wife of a workman who had died in the course of emplo...

06/06/2018

Motor Accident Claim : Section 66 of Motor Vehicle Act : Supreme Court held in Civil Appeal No. 2253 of 2018 Amrit Pal Singh Versus Tata AIG Insurance company that Absence of Permit is statutory breach of condition of policy , hence Insurance company can not be held liable for any compensation