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Showing posts with the label Motor Vehicles Act

Supreme Court Directs Compilation of Minimum Wage Notifications to Strengthen Motor Accident Compensation Adjudication

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Background of the Case The Supreme Court has issued significant directions to all States and Union Territories, calling for a consolidated and updated compilation of minimum wage notifications. The Court observed that the lack of uniform, reliable and easily accessible minimum wage data has made adjudication in motor accident compensation cases increasingly difficult, particularly while determining notional income for victims. The directions were delivered by a Division Bench of Justices Sanjay Karol and N. Kotiswar Singh while deciding an appeal arising from a 2013 motor accident case in Madhya Pradesh. Issue Before the Supreme Court The Court noted that: • Minimum wage notifications are revised periodically • Many States upload incomplete or outdated data • Courts often struggle to access the applicable wage notification • This leads to delays and inconsistent compensation awards The Bench remarked that locating correct wage rates at the time of accident has become “quite a difficult...

Supreme Court Refers Expat Income Issue in Motor Accident Compensation to Larger Bench

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The Supreme Court of India has referred a significant legal question to a larger bench —how should the income of Indians working abroad be assessed for calculating compensation in road accident cases within India? This development comes amid conflicting judicial precedents on whether to calculate compensation based on the deceased’s full foreign income or to adjust it in line with Indian cost-of-living standards. Background of the Case: The Death of Hari Shankar Brahma The matter arose from an appeal filed by the family of Hari Shankar Brahma , a 27-year-old system analyst employed with Nihaki Systems Inc., New Jersey (USA) , who tragically died in a road accident in India in 2009. At the time of his death, he earned $47,050 per year (around ₹21 lakh) . His parents and siblings sought compensation before the Motor Accident Claims Tribunal (MACT) under the Motor Vehicles Act, 1988 . The Tribunal calculated compensation based on his US income with standard deductions, awarding ₹...

PIL Challenges Legality of Toll Collection at Mumbai’s Entry Points

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A Public Interest Litigation (PIL) has been filed in the Bombay High Court challenging the legality of continued toll collection from heavy vehicles entering Mumbai through five key entry points. The petition argues that the ongoing toll collection violates constitutional and statutory provisions and imposes an arbitrary financial burden on vehicle owners. Details of the PIL and Parties Involved The PIL, filed by advocate Pravin Wategaonkar , names the Chief Secretary of Maharashtra and the Maharashtra State Road Development Corporation (MSRDC) as respondents. The MSRDC manages major arterial roads in Mumbai and collects toll through contractors. Currently, only heavy vehicles entering Mumbai through five major entry points — Dahisar, LBS Road (Mulund), Eastern Express Highway (Mulund), Airoli Creek Bridge, and Vashi — are required to pay toll tax. Earlier, even light motor vehicles paid tolls ranging from ₹45 to ₹75. However, they were exempted from toll ...