In this Article, Ayushma Sharma of Faculty of Law, Aligarh Muslim University has discussed Road Accident Compensation Claim.
Table of Contents
Introduction
Every year many people lose their lives in road accidents. Sometimes it is because of their fault and the other times, they have to pay for the actions of the others. But what is the remedy available to a person who suffers because of the wrong actions of others? The Motor Vehicles Act, 1988 is the remedy. It is through this Act that all the offenders are held liable and in the form of punishment they have to compensate the victim.
This Act aims at preventing motor vehicle accidents, and if in case it happens, it ensures that the victim gets justice and the person who caused the accident gets punished.
Motor Vehicle Act, 1988
The Motor Vehicle Act of 1988 is a comprehensive Act that has replaced the Motor Vehicle Act, 1939. It was implemented on 1st July 1989. The first Act that came in force regulating the road transport vehicles was the Motor Vehicles Act, 1914. The Act of 1914 was later on replaced by the Motor Vehicles Act, 1939. Later on, with the changing time the need to introduce new changes became urgent so, Motor Vehicle Act, 1988 was enacted.
Following are the features of the Motor Vehicles Act, 1988 :
- It is an Act that covers all the aspects of road transport vehicles.
- It is a legislation that ensures the welfare of the public after they meet with an accident.
- Chapter II of the Act deals with the ‘Licensing of Driver of Motor Vehicles’. Section 10 defines ‘Driving License’ as a license issued by the concerned authority to the driver of any vehicle to drive his vehicle otherwise than as a learner.
- Chapter III deals with the ‘Licensing of Conductors of State Carriages’.
- Chapter IV of the Act covers ‘Registration of Motor Vehicles’. Under this Section 39 tells about the necessity of registration.
- ‘Liability without Fault in certain cases’ comes under Chapter X of the Act. Section 140, Section 141, and Section 142 deal with Liability to pay compensation in certain cases.
- On the principle of no-fault, provisions as to other rights to claim compensation for death or permanent disablement and permanent disability respectively.
- where Section 177 covers the aspect of General provision for punishment of offences.
- It includes the concept of ‘Third Party’. The ‘third party’ here means those innocent people who are helpless and have been affected because of the reckless driving of the drivers.
Basic Rules of the Motor Vehicles Act, 1988
Given below are the basic rules of the Motor Vehicles Act, 1988
- According to Section 3 of the Act, no person can drive a vehicle without any authorized driving license, and without any driving license authorizing a person to drive a transport he cannot drive such a vehicle.
- Section 4 states that unless a person attains the age of majority (18 years) he cannot drive a vehicle.
- From Section 35 to Section 65 procedure for the registration of the vehicle has been laid down and it has been made mandatory to get one’s vehicle registered.
- It is necessary for the vehicle owner to get third party insurance as stated from Sections 145 to 164.
Motor Accident Claim Tribunal
Motor Accident Claim Tribunal is a tribunal established for the cases falling under the Motor Vehicles Act, 1988. The main purpose of the Claims Tribunal is to ensure speedy trial of cases and that justice is being delivered.
The claimant should apply to claim within a reasonable period. According to Section 173, the appeals against the Claims Tribunals will lie before the High Courts. The appeals will have to be filed within 90 days from the date of the decision. If in case the claimant is late to file the appeal then he has to give a reasonable reason for such delay. If satisfied, the Court will then admit the appeal. In case the amount in dispute in appeal is less than Rs10,000/- then it shall not be entertained.
The Motor Accident Claim Tribunal deals with the cases that involve loss of life or property, or in case of injury. The Claims can be filed in the appropriate Claims Tribunal. The judges who preside over the tribunals are the judicial officers from Delhi Higher Judicial Services. High Courts of different states supervise these Tribunals.
As per Section 165(1) of the Act, a State Government can, by issuing a notice in the Official Gazette, can establish a new Motor Accident Claims Tribunal in the area specified in the notice. Section 165(2) gives liberty to the State Government to appoint as many numbers of members as it deems fit. But from the members appointed one has to be the Chairman.
Section 165(3) states that for a person to become a member of Claims Tribunal following conditions must be satisfied :
- He is or should have been a judge of a High Court
- He is or should have been a judge of a District Court
- He is qualified enough to be appointed as a judge of a District Court or a High Court
As stated under Section 165(4) if there are two or more Claims Tribunal in an area then the Government based upon order, either general or special, can distribute work amongst them.
Section 166 of the Motor Vehicles Act, 1988
Section 166 of the Act tells about who can apply for compensation in Motor Accident Claims Tribunal.
Who can claim compensation in MACT cases?
As per Section 166 of the Act, a person claims compensation if :
- he has sustained an injury
- he is the owner of the property
- he is the legal representative of the person who died in the motor accident
- he is the agent authorized by the injured person, or by the legal representatives of the deceased, as the case maybe
Compensatory Provisions under the Motor Vehicles Act, 1988
When can compensation be claimed?
There is no prescribed limit within which the claim application has to be filed. But claiming the compensation after a long unnatural period might result in raising doubts in the minds of the Tribunal. Therefore, even though there is no prescribed limit to apply for compensation it should be claimed within a reasonable time.
According to Section 165(1) of the Motor Vehicles Act, 1988 the Claims Tribunal can entitle compensation to the claimant in the following circumstances –
- When the accident involves death or bodily injury to a person
- When the accident results in the loss of any property of a third party
- When such accidents arise out of the use of motor vehicles
Where can compensation be claimed?
The application for the claim can be filed in the following tribunals :
- The Claims Tribunal where the claimant resides
- The Claims Tribunal where the owner of the vehicle resides
- The Claims Tribunal where the accident took place
Claim Assessment
The Supreme Court in National Insurance Company Limited v. Pranay Sethi [1] laid down the guidelines for assessing the amount of compensation to be paid by the offender to the accident victims who are self-employed, or have fixed salary, or have a permanent salary. The Court held that the concept of ‘just compensation’ should be based on reasonableness, equity, and fairness.
After the case of Sarla Verma v. Delhi Transport Corporation [2], the following guidelines were being followed –
- If the age of the deceased was between 40-50 of age and had a permanent job then the addition of 50% of his actual salary was to be made
- If the deceased was above 50 years then there would be no addition
- If the deceased had a fixed salary or was self-employed then his actual salary at the time of his death was to be considered.
Later on, in Pranay Sethi’s case, this assessment of compensation in case of death in a motor accident was analyzed. The Court held that giving addition only to the deceased who had a permanent job was unreasonable. It should be extended to others as well. The Court gave the following statement:
“To have the perception that he (self-employed person) is likely to remain static and his income to remain stagnant is contrary to the fundamental concept of human attitude which always intends to live with dynamism and move and change with the times”.
Further, the Court stated that when the Claim Tribunals use different methods of assessment it results in a lack of uniformity. So it’s better to work on the ‘principle of standardization’ while assessing compensation.
The future prospects for the victims who died in motor accidents were determined in this case. A new category was also added which included the deceased who had been self-employed or had a fixed salary. It is as follows :
- If the deceased had a permanent job –
| Age | Addition made |
| Below 40 years | 50% |
| Between 40-50 years | 30% |
| Between 50-60 years | 15% |
- If the deceased had been self-employed or had a fixed salary –
| Age | Addition made |
| Below 40 years | 40% |
| Between 40-50 years | 25% |
| Between 50-60 years | 10% |
The Court also added few other heads for giving compensation in case of :
| Loss of estate | Rs 15,000 |
| Loss of consortium | Rs 40,000 |
| Funeral | Rs 15,000 |
It was decided that these amounts were to be increased after three years at the rate of 10%.
Damage Assessment
To assess compensation how much damage has been caused should also be assessed. Damages are divided into two types :
- Pecuniary Damage –
Pecuniary damages mean expenses that are borne by the claimant on the medical treatment, transportation, loss of income up to the date of trial, future loss of earning.
- Non-pecuniary Damage –
This type of damage can also be referred to as the’ general or special damage’.
It includes damages for physical pain, suffering, shocks, sufferings likely to be suffered in the future, loss of basic amenities of life.
Types of claims
There are three types of claims under which compensation can be claimed, and they are :
- No-Fault Liability –
This liability is dealt with under Section 140 of the Act. The claimant, in this case, doesn’t have to prove the fault on the part of the other party, there is no joint liability. But this liability arises only when the person claiming has been permanently disabled, or if he dies. The compensation that the claimant can claim is Rs 50,000/- in case of death, and Rs 25,000/- in case of permanent disability.
Permanent disability under this Act means :
- permanent loss of power of any member or joint muscle
- permanent disfigurement of face or head
- permanent deprivation of the sight of either eye, or ear, or any member or joint
- Hit and Run –
Section 161 of the Act deals with the claims made under Hit and Run cases. In such cases, the accused hits the victim with his vehicle and instead of helping him chooses to run away. As per Section 161(3) in case a person is injured he is to be paid a sum of Rs 12,500/- and in case of death, his legal representatives will get Rs 25,000/-.
- Structured Formula Basis –
The Motor Vehicles Act, 1988 was amended in the year 1994. This amendment introduced a new section of the Act i.e., Section 163 A. According to this section a claimant does not need to prove the fault of the driver. The owner (defined under Section 2(30) of the Motor Vehicles Act, 1988) or the insurer has to compensate the claimant, but on the condition that the identity of the accused has to be revealed. Also, there is another condition under which the claimant can either file a complaint under Section 140 or Section 163 A. If his complainant has already been granted compensation under Section 140 then under this section he will only get the balancing amount.
Concept of Just Compensation
The Apex Court in, Ramla and others v. National Insurance Company Limited and others [3] held that ‘just compensation’ is that compensation which is determined on the basis of the evidence produced. It cannot be considered as time-barred and doesn’t give a reason to file another case for an already increased amount. The Court also held that the Courts have the power to award compensation more than what is claimed by the claimants.
In the above-mentioned case, the claimants sought an increase in compensation awarded to them by the Kerala High Court which was Rs 25,000/-. The Supreme Court stated that under the head of ‘loss of dependency’ the amount wasn’t sufficient. Therefore, it enhanced the amount to Rs 28,000/-.
When both the victim and the driver are at fault?
Not every time it is compulsory that only one party is at fault. In some cases, it is more than two parties who are at fault. In such circumstances two options are there :
- Contributory Negligence –
Here, the claimant along with the driver had contributed to the accident. It not only the negligence on the part of the driver but the claimant too. So, if the claimant has equally contributed to the happening of the accident then his compensation would be reduced to half. Otherwise, his compensation will be reduced in proportion to his negligence.
- Composite Negligence –
In composite negligence, the accident happens because of the fault of two or more parties excluding the victim. Here, there is no fault on the part of the victim. Thus, when more than two parties are involved in an accident and claim compensation under the third-party, the compensation will be decided in respect of the composite negligence on the part of drivers of those vehicles.
Accident caused by an underage driver
If an accident is caused because of the underage driver then the insurance company is not liable to compensate the victim. The parents or legal guardian of such a child will be held liable.
Compensation available to a child (victim) in case of an accident
Normally when a person dies in an accident then the compensation is assessed based on his earning capacity and his age. But what happens when a child dies in an accident. It is not as if he earns in his family so then how will the compensation be decided in such a case.
The Supreme Court in one of its cases has stated that if a child dies in an accident then while deciding the compensation child’s educational qualification, his performance in school will be considered. If the child was good in his studies then it would mean a bright future which directly means more loss. So, he would get more compensation. But still, it can be said that there is no standard way of calculating claim in case of death of a child.
Compensation available in a motor vehicle accident if the victim is a wife
Once again it is a situation where the victim is not the earner of the family. The compensation cannot be reduced on the pretext that the victim is not the earner of the family so, some other member can take care of the family. Therefore, in 1994, the legislature had fixed the income of a non-earning person at Rs 15,000/- per month and in case of a spouse, it would be ⅓ rd income of the spouse who is earning for computing of accident claims.
Can a bus passenger claim full compensation in case of a bus accident?
In M. Jaganath v. Pallavan Transport Corporation[4] the Court held that in a bus, it is the responsibility of both the driver and the bus conductor to make sure that the passengers don’t get injured in any way.
The Court in Venkataswami Motor Service v. C.K Chinnaswamy [5] stated :
“ The fundamental duty of both the driver as well as the conductor is to verify specifically, whether any passenger is getting into the bus or is getting down from the bus, before actually the bus is moved from the bus stop where it is stopped, irrespective of the fact whether that place of stopping is a bus stop or not.”
Thus, it can be said that in case of an accident of a bus passenger, it will be the duty of the owner or the insurance company to compensate the victim.
FIR is enough to award compensate road accident victims
A bench of Supreme Court headed by Indu Malhotra J. and A. M. Sapre J. in one of the cases held that for a victim to claim compensation it was not necessary to file a claim petition. The Claims Tribunal and the Courts can entitle compensation based on the FIR that the victim made after the accident. In this case, the husband of the petitioner had died in a road accident in 2003. Since she couldn’t produce the required evidence and not file the petition in a correct way the Claims Tribunal and the State High Court refused to award her compensation.
The Supreme Court stated that it was not reasonable on the part of the Claims Tribunal and the State High to not give the petitioner compensation. The motor accident claims are a way to provide some solace to the victims and their families, especially for those who don’t know the correct procedure of claiming compensation or what to do after an accident.
The Court then awarded a compensation of Rs 11 lakh to the wife of the deceased and also interest at the rate of 6% was also added from the date of filing the claim petition to the date it was paid. The compensation was to be paid jointly by the insurance company and the owner or the driver of the offending truck.
Own damage claim in motor insurance
When a person’s vehicle is damaged in an accident then he is supposed to inform the insurer and the police to assess the damage. This type of situation comes under own damage claim in motor insurance.
Third-party insurance claim settlement
What is Third Party Insurance?
It is necessary for a motor vehicle’s owner to get third party insurance. If a person has met with an accident and a third party is injured then the third can be insured by the insurer. In other words, it covers a person’s legal liability when he injures a third party in an accident. The third-party includes ‘government’ as per Section 145(g) of the Act. So, we can say that the third-party means every human being.
Claiming Process
The third-party can choose to file a claim against the person who has caused the accident and that claim is most likely to be settled by the insurance company. The claiming process depends on the consequences of the mishap. Following are the two claiming processes based on the major happenings :
- Property Damage
After the happening of the accident which resulted in damage to the third party’s property, the third party can choose to file a compensation claim against the person. For this, he has to first file an FIR (First Information Report) in the closest police station and obtain the insurance details of the vehicle. Then he has to submit the said documents while filing the claim. The Court will then decide the amount of compensation. Though the maximum compensation that a person can get in case of damage to property is Rs 7,50,000/-.
- Injury, or Disability, or Death
If in an accident a person has suffered disability or injury or has lost his life then the victims and the legal representatives of the deceased can file a claim petition in any Motor Accident Claims Tribunal as provided in the Act. But before this, they have to file an FIR in the police station that has jurisdiction over the accident. Also, the third party has to get the documents related to the vehicle’s insurance. The Claims Tribunal will then decide the case. If the owner wants, then, he can settle the matter outside the court as well.
Amidst all this, the claimant has to also inform the insurance company about the claim petition filed against him to make him aware of the claim.
Can a Pillion Rider and a Co-passenger Claim Compensation in case of Two-wheeler and Car Accident respectively?
The Supreme Court in Oriental Insurance Co. Ltd v. Sudhakaran K.V. [6] where this issue was raised, held that :
- The insurance company is not liable to compensate a pillion rider or a co-passenger. It is only possible if the policy included this aspect from the beginning the required amount was being paid for the same
- In case of an accident resulting because of the negligent driving of the owner of the two-wheeler or a car then the co-passenger or the pillion rider of such car or two-wheeler will not be considered as the third-party
Claim Application
For the claimant to file a claim application he has two options :
First, under Section 163 A of the Act where the claim is assessed based on ‘Structured Formula’.
Second, under Section 166 of the Act where the judge assesses the case based on the evidence available.
The application can be against any of the following people :
- Owner of the vehicle
- Driver
- Insurer
Once the complaint about the accident has been registered by the police it is then forwarded to the Claims Tribunal within 30 days from the date the report was prepared.
Motor Accident Claim Petition Format
Click here to see the prescribed format of Claim Petition :
http://mact.weebly.com/the-format-for-filing-the-petition.html
Following are the documents that must be attached to the Claim Petition while submitting it:
- Copy of the FIR registered in connection with the said accident.
- Copy of the MLC/Post Mortem Report/Death Report as the case may be.
- The documents of the identity of the claimants and the deceased in a death case.
- Original bills of expenses incurred on the treatment along with treatment record.
- Documents of the educational qualifications of the deceased, if any.
- Certificate of Disability in an injury case.
- The proof of income of the deceased or injured.
- Documents stating the victim’s age.
- The cover note of the third party insurance policy, if any.
- An affidavit in supporting the above-mentioned documents and revealing the relationship between the claimant and the deceased.
Offences and penalties under the Motor Vehicles Act, 1988
Some of the penalties and offences under the Act of 1988 are given below :
- As per Section 181 of the act if a person drives a vehicle without his driving license or drives before he attains the age of majority then he will be punished with a fine which may extend up to Rs 500/- or shall be imprisoned for a term which may extend to three months, or with both.
- According to Section 183(1) if a person drives his vehicle at a speed which is beyond the speed limit mentioned in Section 112 of the Act then he will have to pay the penalty which may extend up to Rs 400. In case he is convicted second time for the same offence under this section then the fine will be extended up to Rs 1,000/-.
- Section 184 of the Act imposes a fine up to Rs 1,000/-, or with a term of imprisonment which may extend to six months if a person drives at a very dangerous speed risking the lives of people on the road.
- If a person drives a vehicle while he is under the influence of drugs then he will have to pay a fine which may extend up to Rs 2,000/-, or with a period of imprisonment which may extend to six months. This is according to Section 185 of the Act.
- Section 190(1) – As per this section if a person drives a vehicle which is not fit for driving and he is aware of that defect then he will be punished with a fine of Rs 250/-. If because of this, an accident is caused resulting in injury or some property damage then he will be punished with imprisonment for three months, or with a fine which may extend to Rs1,000/-, or with both.
Restriction for Claims under Motor Vehicles Act, 1988
Some restrictions are always there in every provision. The same thing happens when claims are made in the Motor Vehicles Act, 1988. Given below are the limitations that have been put on the claims under the Act of 1988 :
- Section 163 B states that if a claimant is authorized to claim compensation under both the sections, i.e., Section 140 and Section 163 A then he can file his petition under only one of the sections and not both of them.
- After awarding the compensation, the person who is supposed to pay the amount has to pay it within the 30 days of the judgment given by the Court.
- Even though the amount of compensation has been standardized under the Act (Rs 50,000/- in case of death and Rs 25,000/- in case of injury) the Court still has the liberty to enhance the compensation.
- In case there is a delay in giving judgment then the simple interest will be applied to the number of cases from the date of the accident.
Reasons why the Motor Accident Claims get rejected
It is not necessary that whenever a claim is made the insurance company will pay for the damages or any other bill. In some cases, they can refuse to pay based on some circumstances. Some of these circumstances are as follows :
- Where there is inappropriate use of the vehicle. Inappropriate use of vehicles incorporates situations where the vehicle is parked at some wrong side or overloading of vehicle than the prescribed limit.
- If the person is driving without a legal driving license and meets with an accident.
- If the person is drunk while driving, or under the influence of any type of intoxicant substance.
- If the insurance policy of the vehicle is expired then it hasn’t been renewed.
- If the vehicle involved in the accident is second hand and its insurance has not been in the name of the new owner.
- After the accident, if the owner has repaired the vehicle himself and asks the insurance company for insurance, then, in that case, there are chances that it would be rejected because the insurer couldn’t see the cause of the accident first.
Motor Vehicles (Amendment) Bill, 2019
The Motor Vehicles (Amendment) Bill was introduced in Lok Sabha which later on passed it. Now, the Bill is pending for consideration before the Rajya Sabha. The Bill seeks to amend the present Motor Vehicles Act, 1988 Following are some of the changes that will be introduced through the Bill :
- Compensation for the victims –
- A scheme will be introduced by the Government through which cashless treatment will be made available to the road accident victims in the ‘Golden Hour’ (it is the first hour after the accident where the chances of saving the life are high).
- The Bill will increase the minimum compensation available in case of hit and run i.e., in case of death, it will be increased from Rs 25,000/- to Rs 2,00,000/- while it will be increased from Rs 12,500/- to Rs 50,000/- in case of injuries.
- Also, interim relief will be provided to claimants seeking compensation under third-party insurance.
- Compulsory Insurance –
- A Motor Vehicle Accident Fund will be set up to provide compulsory insurance to all the motor vehicle owners.
- This Fund will be used for the following purposes:
- to treat persons injured in accidents in their golden hour.
- to provide compensation to the families of the victims who died in a hit and run case.
- to compensate a person who suffered grievous hurt in hit and run cases.
- to compensate persons as prescribed by the Government.
- Good Samaritans –
- As mentioned in the Bill, a ‘good samaritans’ is a person who renders medical or non-medical assistance to the victim after the accident.
- The assistance should be
- in good faith
- without expecting anything in return
- Voluntarily
- While assisting the injured person, if the person dies or suffers injury due to the mistake of the samaritan then he will not be held liable for any civil or criminal proceedings.
- Recall of Vehicles –
- If there is any defect in the vehicle and it causes any damage to the environment, or the owner, or other road users then the Government will have the liberty to recall the vehicle.
- In the case of a recall, the manufacturer of the vehicle will have to
- refund the full cost of the vehicle to the buyer.
- replace the defective vehicle with another vehicle having better or similar specifications.
- Road Safety Board –
- A National Road Safety Board will be created to advise the Central and the State Government on the safety rules and traffic controlling rules including:
- vehicles licensing and registration
- rules relating to road safety
- standards of motor vehicles
- usage of enhanced technology
- National Transport Policy –
- A National Transport Policy will be constituted after consulting the State Government through which
- planning framework for the road transports will be established.
- structure for grant of permits will be introduced.
- priorities will be specified for the transport system.
- Offences and Penalties –
- Penalties will be increased for violating the provisions of the Act
- in case of drink and drive the penalty will be increased from Rs 2,000/- to Rs 10,000/- and he will be imprisoned for at least two years.
- in case of non-compliance with the standards of a motor vehicle by the manufacturer, the penalty can be raised to Rs 10 crore, or imprisonment for a term, not more than 1 year, or both.
- penalty for exceeding the speed limit will be between Rs 1,000/- to Rs 1,500/-.
- The Government can also increase the fine every year by up to 10%.
Motor Accident Claim cases in India
The Motor Accident Claim cases of India are as follows :
In this case, a bus met with an accident and the driver of the bus was not the actual owner of the bus. Also, the actual owner had rented the bus to a Corporation who had appointed the driver of the bus. So, the actual owner was not in the possession of the bus. The Court held the Corporation liable for the accident and was asked to pay compensation to the victims.
The appellant, in this case, was a cart puller. One day he met with an accident which resulted in his leg being amputated. His monthly income was Rs 3,300/-. He no longer was in a position to support his family and to earn a livelihood. The Apex Court decided his compensation based on his nature of work. It was found that his loss of earning capacity was not less than 90%. Therefore, he was given a total compensation of Rs 4,01,400/- for mental agony Rs 30,000/-, for diet Rs 15,000/- and for loss of future earning Rs 3,56,400/-.
- Raj Kumar v. Ajay Kumar [9] –
When the question of correlation between the physical disability suffered in an accident and the loss of earning capacity resulting from it was raised before the Supreme Court, it held that the effect of physical disability on the earning capacity of the victim is to be ascertained.
In this case, the Court held that if in case any liability is there concerning the third party risk and the vehicle is not insured then the risk will have to be borne by the owner himself.
Latest Supreme Court judgments on motor accident claims
Click HereThe Supreme Court, in this case, asked the Government to ascertain the feasibility of establishing a Motor Accident Mediation Authority in every district to ensure speedy trial of accident claims. This judgment has two main features :
- In the year 2017 1,47,000 people lost their lives approximately which is more than the total population of Shillong, an Indian state.
- These deaths gave an exceptional rise to the number of accident claims that had already been there causing an increase in the number of backlog cases in Indian litigation.
The Apex Court, thus, realizing the necessity of resolving these claims asked for setting up of the Mediation Centers. The Court also pointed out the need for introducing an Indian Mediation Act in the parliament since the need for mediation was not only limited to motor accident claims.
In this case, the Supreme Court laid down the guidelines for assessing the amount of compensation to be paid by the offender to the accident victims who are self-employed, or have fixed salary, or have a permanent salary. The Court held that the concept of ‘just compensation’ should be based on reasonableness, equity, and fairness.
The guidelines have already been discussed above in ‘Claims Assessment’.
Conclusion
Laws are made for the benefit of the people. The Motor Vehicles Act, 1988 is made to prevent accidents, it is a very important law that requires serious implementation. Therefore, it is not only the Government that has to work towards its implementation but the public as well. Every person must make sure that he does not violate its provisions because in true sense it is the act of a person that results in an accident.
References
[1] National Insurance Company Limited v. Pranay Sethi.
[2] Sarla Verma v. Delhi Transport Corporation A.I.R 2009 ACJ 1298 SC.
[3]Ramla and others v. National Insurance Company Limited and others A.I.R. 2017.
[4]M. Jaganath v. Pallavan Transport Corporation.
[5] Venkataswami Motor Service v. C.K Chinnaswamy A.I.R 1989 ACJ 371.
[6] Oriental Insurance Co. Ltd v. Sudhakaran K.V. (2008) 7 SCC 428.
[7] Rajasthan State Road Transport v. Kailash Nath Kothari & Ors. A.I.R 1997 S.C. 3444.
[8] Mohan Soni v. Ram Avtar Tomar.
[10] Ayyappan v. M/s United India Insurance Co. Ltd. and Another A.I.R 2013.
[11] M.R. Krishna Murthi v. The New India Assurance Co. Ltd. & Others.
[12] National Insurance Company Limited v. Pranay Sethi.
