This page lists case laws from different High Courts in which good directions were passed, that I want to be passed by other High Courts also, under Article 226 of the Constitution of India read with Article 227 of the Constitution of India. This is important because, decision of a High Court, being a Constitutional Court having jurisdiction only within the territory of the State of Union Territory for which it is High Court, has only persuasive value in a Court outside that State of Union Territory. (Some goals are here)
Here is a list of judgments from Supreme Court and various High Courts and Legislative/Police Circulars, which talk about a concept called as Zero FIR, meaning register FIR first and then transfer it to appropriate Police Station in which territorial limits the alleged offence occurred. If FIR is not registered, IPC 166A proceedings can be initiated against the Police officers. More actions available here.
Here is a list of case laws (includes decisions from Supreme Court, High Courts, District Court and other bodies such as Consumer forums) regarding compensation in cases of accidental death or disability or other mishap which entitles compensation for the aggrieved. This is done under provisions under CrPC or Schemes setup by Courts/Government or under Article 21 of Constitution. Can be used to seek compensation in cases of loss of life, part/full disability, loss of reputation, loss of companionship etc.
Compensation is the monetary relief awarded to a victim or the legal heirs of a deceased person for death, bodily injury, permanent disability, loss of income, medical expenses, pain and suffering, or other consequential losses arising out of a motor vehicle accident or other accidental mishaps.
Compensation claims are generally filed before the Motor Accident Claims Tribunal (MACT) under the Motor Vehicles Act, 1988. Sections 166 and 168 govern claim petitions and award of just compensation.
A compensation claim may be filed by:
The injured victim
The owner of damaged property
The legal heirs or dependents of a deceased victim
An authorized representative acting on behalf of the claimant
The law permits legal representatives to seek compensation even if all heirs do not jointly file the claim.
Under motor accident law:
Fault Liability Claims under Section 166 require proof of negligence, rash driving, or wrongful conduct by the offending vehicle.
No-Fault Compensation under statutory provisions allows compensation without proving negligence in specified circumstances.
Courts have repeatedly distinguished between these two remedies while assessing compensation claims.
Courts generally consider:
Age of the deceased or injured person
Monthly income and future earning potential
Number of dependents
Nature of injuries or disability
Medical expenses
Pain, suffering, and loss of amenities
Future treatment and rehabilitation costs
The objective is to award “just compensation” under the Motor Vehicles Act.
Yes. In fatal accident cases, the legal heirs, spouse, children, parents, or dependents of the deceased can file a compensation claim before MACT for:
Loss of dependency
Loss of consortium
Funeral expenses
Loss of estate
Future financial loss
Courts treat compensation in fatal accident cases as a welfare measure.
Yes. Victims suffering:
Permanent disability
Partial disability
Functional disability
Loss of earning capacity
Long-term medical complications
can claim compensation for both present and future losses.
Although an FIR, accident report, charge sheet, or police records significantly strengthen a claim, courts have held that compensation claims are decided on the basis of overall evidence and circumstances.
However, in fault-based claims under Section 166, proof of negligence remains essential. Recent MACT decisions have dismissed claims where negligence was not proved.
Depending on the facts, compensation may be payable by:
The insurance company
The vehicle owner
The driver
All of them jointly, as directed by the Tribunal
The Claims Tribunal specifies liability while passing the award under Section 168 of the Motor Vehicles Act.
Yes. Compensation can be claimed by:
Pedestrians
Passengers
Cyclists
Occupants of other vehicles
Third parties injured due to negligent driving
Third-party insurance exists specifically to cover such claims.
Yes. Compensation may also be awarded in cases involving:
Electrocution
Industrial accidents
Building collapse
Fire accidents
Railway or public utility accidents
Medical negligence
Other actionable mishaps
Courts assess compensation based on negligence, statutory liability, or constitutional remedies.
Insurance companies may dispute liability on grounds such as:
Policy violations
No valid driving licence
Vehicle not insured
Breach of permit conditions
Fraud or misrepresentation
However, courts often examine whether such breaches actually contributed to the accident before denying compensation.
Yes. Courts may apply the principle of contributory negligence where both parties contributed to the accident. In such cases, compensation may be proportionately reduced rather than denied altogether.
Courts generally encourage filing claims without undue delay. While statutory limitations have evolved over time, delay alone does not automatically defeat a genuine compensation claim if properly explained.
Yes. Courts and Tribunals may grant interim or provisional compensation in deserving cases to ensure immediate financial relief to victims or dependents.
Yes. An aggrieved party may challenge a compensation award before the appellate court under Section 173 of the Motor Vehicles Act, if the award is considered inadequate, excessive, or legally unsustainable.
The objective of compensation law is to ensure that victims or their families receive fair, just, and reasonable financial relief, helping them recover from the economic and emotional consequences of an accident.
The following is a small compilation (State-wise) of Love Jihad marriages in India, wherein the bride had converted to Islam from other religions, before performing marriage, which is loosely called as Love Jihad, as it is popularly held that Muslims do such thing, to propagate their religion. Such marriages are held to be unacceptable by Supreme Court here and by Allahabad High Court here.
