Sunday, March 29, 2026

Road Accidents and Compensation

Road Accidents and Compensation

*Motor Vehicles Act, 1988 - Liability and Compensation - "Break Failure" - Driver was Victim - Single Vehicle Involved* - In the year 2008, victim was riding the vehicle and the vehicle lost control and without any involvement of any other vehicle, he suffered injury - It was argued that break failure has caused accident - Victim was the driver of the vehicle - Driver filed case against owner and insurance company - Ld. MACT directed insurance company to pay compensation with 9% interest - Insurance Company filed appeal - It was held that insurance company cannot be granted recovery rights / exoneration - Interest rate of 9% cannot be called as excessive - Appeal of Insurance company was dismissed - Driver of offending vehicle held to be entitled to compensation under MV Act, 1988. - *New India Assurance Co. Ltd v. Babasaheb Yashwant Shinde [2026] GCtR 274 (Aurangabad, Bombay)*

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