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Bombay High Court rules that compensation for passengers under the Motor Vehicles Act cannot be reduced due to the driver’s contributory negligence. It also affirms a notional income of Rs.5,000/month for student claimants with permanent disabilities, ensuring fair compensation regardless of earning status.
Karnataka High Court reinforces that insurers cannot evade liability for passenger compensation under Act Liability Only Policies, affirming the 'pay and recover' principle. The ruling mandates immediate payment to victims, with insurers retaining the right to recover from vehicle owners, ensuring statutory compliance under the Motor Vehicles Act.
Gujarat High Court rules that a passenger's death due to a sudden train jerk qualifies as an 'untoward incident' under Section 123(c) of the Railways Act, entitling heirs to compensation. The judgment rejects the Railway Claims Tribunal's narrow interpretation and reinforces a liberal, beneficiary-focused reading of the statute, impacting all railway liability claims for in-transit accidents.
Kerala High Court holds that possession of a valid railway ticket establishes bonafide passenger status; compensation awarded where injuries align with fall from train, not run-over.