#motor vehicle claims

The Madhya Pradesh High Court, Gwalior Bench, ruled that deceased bachelors must be subject to a 50% deduction for personal expenses under Sarla Verma guidelines, reducing compensation from Rs. 16.4 lakh to Rs. 12.73 lakh. This holding reinforces the mandatory application of dependency ratios in motor accident claims, impacting insurers and claimants alike.

The Chhattisgarh High Court has ruled that the enhanced minimum compensation of Rs. 5 lakh under the amended Section 163-A of the Motor Vehicles Act applies to accidents occurring before the 2018 amendment, as the change is substantive and beneficial. This decision significantly expands claimants' rights, ensuring fairer payouts for victims of older accidents where insurers previously relied on outdated limits.

The Karnataka High Court has ruled that a Lok Adalat award is void without the voluntary, signed consent of the parties themselves - not just their lawyers. This clarifies that under the Legal Services Authorities Act, settlement bindingness hinges on direct party participation, not representative agreement, affecting all claimants in motor accident and civil disputes resolved through Lok Adalats.

The Punjab & Haryana High Court ruled that contributory negligence applies even when the claimant is a minor without a driving license, apportioning 70% liability to the vehicle owner and 30% to the minor. This establishes that fault must be quantified and not presumed, impacting motor accident compensation claims under the Motor Vehicles Act.

Punjab and Haryana High Court holds that 40% future prospects addition is mandatory for deceased under 35, and enhances loss of consortium and funeral expenses per Supreme Court precedents.