FIRST LAW

Motor Vehicles Act 1988 -  Holders of Licences authorizing to drive light motor vehicle are entitled to drive transport vehicles provided the gross vehicle weight does not exceed 7500 kg.

Motor Vehicles Act, 1988 - Ss. 168 & 173 - the only requirement for determining the compensation is that it must be 'just'. There is no other limitation or restriction on its power for awarding just compensation.

Motor Vehicles Act, 1988 - Section 168 - Deduction can be ordered only where the tort­feasor satisfies the court that the amount has accrued to the claimants only on account of death of the deceased in a motor vehicle accident.

Motor Vehicles Act, 1988 - S.166 - deceased was the owner-cum-driver of the vehicle in question - accident had occurred due to the rash and negligent driving of the vehicle by the deceased - No other vehicle was involved in the accident - deceased himself was responsible for the accident - deceased being the owner of the offending vehicle was not a third party within the meaning of the Act - deceased was the victim of his own action of rash and negligent driving - A Claimant cannot maintain a claim on the basis of his own fault or negligence and argue that even when he himself may have caused the accident on account of his own rash and negligent driving, he can nevertheless make the insurance company to pay for the same - respondents being the LRs of the deceased could not have maintained the claim petition.

Motor Accident Claims - F ake Driving Licence - I f the owner was aware of the fact that the licence was fake and still permitted the driver to drive the vehicle, then the insurer would stand absolved. However, the mere fact that the driving licence is fake,  per se,  would not absolve the insurer.

Motor Vehicles Act, 1988 -  Ss. 128 &129 -  No motor motorcyclists/ Scooterists shall be permitted to ply the motor cycle/scooter without wearing helmet of I.S.I mark.

Motor Accidents Claims - Disability Assessment - Medical Board -  Tribunal has to refer the claimant to Medical Board for assessing the disability -  In the absence of such assessment made by the Medical Board, the compensation assessed by the Tribunal is not just compensation.

Motor Vehicles Act, 1988 -  S. 66 -  Use of a vehicle in a public place without a permit is a fundamental statutory infraction.

Motor Vehicles Act, 1988 - S. 140 - Rules of the Road Regulations, 1989 - Regulation 23 - Distance from vehicles in front - The expression ‘sufficient distance’ has not been defined in the Regulations or elsewhere - The thumb rule of sufficient distance is at least a safe distance of two to three seconds gap in ideal conditions to avert collision and to allow the following driver time to respond.

Motor Vehicles Act, 1988 -  S. 166 -  in motor accident claim cases, the Court cannot adopt a hypertechnical approach but has to discharge the role of  parens patriae . 

1. Mallamma (dead) By Lrs. Vs. National Insurance Co. Ltd. [07-04-2014] 

Motor Vehicles Act, 1988 - High Court by a sweeping observation proceeded to reverse the finding of fact recorded by the Tribunal -  Whereas, the Tribunal had duly considered the evidences and the material accompanying the charge-sheet filed in respect of Crime as also the plea taken by the insurer - the conclusion reached by the Tribunal is a possible view, which could not have been disturbed by the High Court in the appeal filed by the insurer, much less in such a casual manner, as has been done by the High Court.

Police Act, 2011 ( Kerala) -  S. 118 (e) -  Penalty for causing grave violation of public order or danger - Knowingly does any act which causes danger to public or failure in public safety - Whether using a mobile phone while driving a vehicle through a public road will also constitute the offence ? Unless the 'act' of accused causes danger to public or failure in public safety, the penal provision under Section 118(e) will not be attracted.  

Motor Vehicles Act 1988 - S. 166 - Claim for Compensation - Owner did not depose in evidence and stayed away from the witness box - He produced a licence which was found to be fake - Another licence which he sought to produce had already expired before the accident and was not renewed within the prescribed period - It was renewed well after two years had expired - The appellant as owner had evidently failed to take reasonable care since he could not have been unmindful of facts which were within his knowledge - In the circumstances, the direction by the Tribunal, confirmed by the High Court, to pay and recover cannot be faulted.

Civil Procedure Code, 1908 - Order 6 Rule 17 - Motor Vehicles Act, 1988 - S. 163A - Kerala Motor Vehicle Rules, 1989 - R. 395 - Amendment - there is no prohibition in the Act for amending the claim petition - Error cannot be completely avoided in matters of writing or pleadings - amendment of pleadings must be allowed to correct such errors.

Motor Vehicles Act, 1988 -  S. 166 - M ental Shock and Agony - C ompensation for -  If nervous shock, that is to say a recognisable psychiatric illness which is developed inside on account of having witnessed the accident is pleaded and proved, damages are recoverable.