#MACT appeal

The Gujarat High Court set aside a 50% contributory negligence deduction based solely on the claimant's failure to produce a driving licence, holding that absence of a licence must be causally linked to the accident to reduce compensation. The court enhanced the MACT award to Rs 10.03 lakh with 9% interest from the claim date, affirming that procedural lapses cannot override substantive liability.

Madhya Pradesh High Court rules that dependency claims of parents and siblings under the Motor Vehicles Act cannot be dismissed merely for non-appearance as witnesses if their dependency is pleaded and remains unrebutted. The Court modified the MACT award to include the deceased's parents and sister as dependents, reinforcing that compensation must align with pleaded facts and evidence, not procedural defaults.

The Karnataka High Court has ruled that even after fracture union, residual disability and diminished quality of life entitle claimants to enhanced compensation for pain, suffering, and conveyance costs. This clarifies that medical recovery alone cannot override the enduring impact of injury on daily living, affecting thousands of MACT claimants seeking fair redress.

The Karnataka High Court awarded Rs. 10,000 for medical expenses despite no supporting bills and increased loss of amenities to Rs. 30,000 for a 33% functional disability, affirming that equitable compensation must account for real suffering even when documentation is lacking. This sets a critical precedent for claimants in rural or low-income settings where medical records are often unobtainable.

Bombay High Court mandates inclusion of 40% future prospects and Rs. 40,000 consortium per dependent in motor accident compensation, setting a precedent for dependents' claims under the Motor Vehicles Act. The ruling directs MSRTC to pay Rs. 4,97,200 within 12 weeks, reinforcing Pranay Sethi and Magma General Insurance standards.

Bombay HC condones a 105-day delay in filing a motor accident appeal but denies interest for 16 years of litigation inaction, ruling that prolonged procedural negligence disentitles claimants to interest despite bona fide delay. This sets a precedent that condonation of delay does not automatically preserve interest claims under the Motor Vehicles Act.