What is "Permanent disability" in Motor Accident cases #indianlaws


Supreme Court in the matter of Sandeep Khanuja Vs. Atul Dande; Civil Appeal no. 1329/2017 decided on 2nd Feb, 2017 held that the crucial factor which has to be taken into consideration, in a motor accident case, is to assess as to whether the permanent disability has any adverse effect on the earning capacity of the injured.

Claim petition is maintainable at a place where insurance company is carrying on its business #indianlaws


The provision for territorial jurisdiction has to be interpreted consistent with the object of facilitating remedies for the victims of accidents. Hyper technical approach in such matters can hardly be appreciated. There is no bar to a claim petition being filed at a place where the insurance company, which is the main contesting parties in such cases, has its business.

Writ of certiorari against MACT is maintainable #indianlaws


The High Court has power of an appeal against the award of the tribunal, under section 173 of the Motor Vehicles Act filed by a person aggrieved but that would not mean that against an order of Motor Accident Claims Tribunal which is not an award, the writ of certiorari would not lie.

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