Lawwatch : Resources for Learners

Over speeding of official vehicles of Very Important Personalities (VIPs), such as ministers or other public functionaries, piloted by police vehicles without observing speed limit or other traffic regulations is impermissible in law.

A three Judge Bench of the SC in The New India Assurance Company v Somwati, relying on a two bench judgement of the SC in Magma General Insurance Company Limited v Nanu Ram & others, (2018) 18 SCC 130, recognised spousal, parental and filial consortium.

The key judgments in regard to fixation of compensation in motor vehicle accident cases are: Sarla Verma v Delhi Transport Corporation & Anr Reshma Kumari & Ors v Madan Mohan & Anr National Insurance Co. Ltd. v Pranay Sethi & Ors The Pranay Sethi case was heard by a five-judge bench of the SC. The judgement laid down some broad guidelines for assessing the amount of compensation to be paid to the accident victims in areas where there were divergent approaches.

When information of a road accident is received in the Police Station, the Investigation Officer (IO), who investigates the accident, shall inspect the site of the accident, take photographs / videos of the scene of the accident and the vehicles involved in the accident and prepare a site plan drawn scale to scale, indicating the lay out and width etc of the roads or places, the position of the vehicles and persons involved and such other relevant facts.

In motor vehicle compensation claims in which the fault of the driver concerned is not pleaded, such claims are filed under Section 164 of the Motor Vehicle Act, 1988 (MV Act). The issue of negligence, wrongful act, or default of the driver of the concerned vehicle cannot be pleaded in such claims.

In hit and run motor accidental cases Motor Accident Claims Tribunal (MACT) has no judication or role under Section 161 Motor Vehicle Act, 1988 (MV Act). Such claims will be dealt with the Claim Enquiry Officer( CEO).