Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Imagine filing a motor accident claim petition after a devastating crash, only to face potential dismissal because you didn't attach your PAN card. A common worry for claimants: motor accident pan card not produced in the original petition diss—does this mean your case is thrown out? The short answer is no. Under the Motor Vehicles Act, 1988, tribunals prioritize substantive justice over minor documentary gaps. This post breaks down the law, key judgments, and practical tips to help you navigate claims confidently.
Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your case.
Failure to produce a PAN card in the original motor accident claim petition does not result in dismissal. PAN cards serve as supporting evidence for identity, date of birth, or income but are not mandatory. Tribunals under the MV Act rely on a range of documents like FIRs, medical records, salary slips, and Aadhaar cards, without insisting on PAN specifically. No judgment mandates dismissal solely for non-production of PAN. Branch Manager National Insurance Co. , Ltd, Chennai VS B. Shanthi - 2013 0 Supreme(Mad) 3477United India Insurance Co. Ltd. VS Saish Shivanand Raikar - 2015 0 Supreme(Bom) 2144
Courts focus on core issues: negligence, quantum of compensation, and multipliers for future prospects. Documentary deficiencies are overlooked unless tied to fraud, such as fake income proofs. United India Insurance Co. Ltd. VS Saish Shivanand Raikar - 2015 0 Supreme(Bom) 2144Safiq Ahmad VS ICICI Lombard General Insurance Co. Ltd. - 2022 1 Supreme 107
In motor accident petitions under Sections 166 and 168 of the MV Act, 1988, PAN is just one evidentiary tool among many. For example, in an injury claim from a car-lorry collision, the tribunal marked 261 documents, including a copy of PAN Card alongside FIR, accident register, medical summaries, driving license, charge sheet, and income proofs. The PAN wasn't pivotal—the decision hinged on negligence and compensation quantum. Branch Manager National Insurance Co. , Ltd, Chennai VS B. Shanthi - 2013 0 Supreme(Mad) 3477
Similarly, in a fatal accident case, income tax returns mentioning the deceased's PAN confirmed the date of birth: the birth date of the deceased has been mentioned in the income tax returns as 1.3.1963... wherein pan card number of the deceased is also mentioned. This supplemented other records but wasn't essential; alternatives like estimated ages were considered. United India Insurance Co. Ltd. VS Saish Shivanand Raikar - 2015 0 Supreme(Bom) 2144
Other cases reinforce this. Claimants produced PAN alongside Aadhaar for identity, clarifying name discrepancies: Mansuri submits that the PAN Card and Income Tax with photo identity of respondent No.2 and the Aadhar Card reflects the fact where the respondent No.2 is also known as Hasmukhlal Harilal Rajde. The petition proceeded despite issues. CHANDRIKABEN WD/O. NARANBHAI NANJIBHAI PRAJAPATI V/s RATHOD AMRUTJI MOHANJI - 2022 Supreme(Online)(Guj) 929
Even without PAN, claims advance. In one appeal, claimants filed PAN and ITR for a motor garage owner, but income was assessed little more than that of labourers absent occupation proof. SMT. SAMITA DEVI vs PRABHAKAR DAS - 2025 Supreme(Online)(Chh) 9187
Tribunals don't require PAN at filing. Claims succeed on negligence evidence, dependency loss, and no-fault liability under Section 140, without PAN references. For a 44-year-old claimant, a multiplier of '14' was applied based on medical and liability proofs. United India Insurance Co. Ltd. VS Saish Shivanand Raikar - 2015 0 Supreme(Bom) 2144Usha Rajkhowa VS Paramount Industries - 2009 1 Supreme 787Eshwarappa @ Maheshwarappa VS C. S. Gurushanthappa - 2010 6 Supreme 344
Scrutiny of documents like FIR overwrites or learner's licenses doesn't halt proceedings if substantive evidence holds. Compensation focuses on proven income and apportionment. RADHA KISHAN SACHDEVA VS FLT. LT. L. D. SHARMA - 1993 0 Supreme(Del) 258New India Assurance Company LTD. VS Mandar Madhav Tambe - 1995 0 Supreme(SC) 1330Usha Rajkhowa VS Paramount Industries - 2009 1 Supreme 787
In contributory negligence cases, courts award despite evidentiary gaps. One truck accident death yielded Rs. 12,35,000, noting no PAN or ITR but relying on eyewitnesses and police papers: income tax returns or the PAN Card is not produced on record. Still, income was estimated without dismissal. Basirabi wd/o Ajmal Khan VS United India Insurance Co. Ltd. - 2017 Supreme(Bom) 1007Basirabi wd/o Ajmal Khan VS United India Insurance Co. Ltd. - 2017 Supreme(Bom) 1000
Legal heirs of tortfeasors got personal accident coverage, directed to furnish PAN/Aadhaar later for payment: The claimants shall furnish copies of the PAN Card, ADHAAR Card and bank details before the appellant insurer. NATIONAL INSURANCE CO.LTD KAYAMKULAM vs MARY, ALAN GEORGE, ALEENA GEORGE, AMMINI, SADIQUE.K.S. - 2025 Supreme(Online)(Ker) 25954
PAN strictness applies elsewhere. In dealership applications, PAN No. mismatch/Incorrect PAN No./PAN No. does not belong to the applicant is a non-rectifiable deficiency leading to rejection. RATHAVA BACHUBHAI KHIMJI V/s INDIAN OIL CORPORATION LTD. - 2025 Supreme(GUJ) 444
Fraud in MV claims involves fabricated documents, potentially PAN-linked IT returns, but dismissal requires proven fraud like multiple claims—not mere absence. Safiq Ahmad VS ICICI Lombard General Insurance Co. Ltd. - 2022 1 Supreme 107
In non-MV suits, PAN proves identity amid disputes, as when an 80-year-old produced it despite medical issues. Sharmila Vijay Shetty VS Hemendra Prasad Barooah & 10 Ors - 2016 Supreme(Gau) 579
MV tribunals use summary procedures: implead drivers/insurers, accept oral testimony, PW exams. Claims prevail despite gaps if negligence and loss are clear, including contributory negligence reversals or Section 147/149 insurance liability. Usha Rajkhowa VS Paramount Industries - 2009 1 Supreme 787Eshwarappa @ Maheshwarappa VS C. S. Gurushanthappa - 2010 6 Supreme 344Oriental Insurance Comany LTD. VS Meena Variyal - 2007 3 Supreme 136
Tribunals exercise discretion—no automatic dismissal.
Motor accident claims emphasize justice for victims. Missing PAN rarely derails—justice rolls on substantive merits. Stay informed, gather docs, and seek professional help.
References:1. Branch Manager National Insurance Co. , Ltd, Chennai VS B. Shanthi - 2013 0 Supreme(Mad) 3477: PAN among many docs; no dismissal.2. United India Insurance Co. Ltd. VS Saish Shivanand Raikar - 2015 0 Supreme(Bom) 2144: PAN for DOB; alternatives ok.3. Safiq Ahmad VS ICICI Lombard General Insurance Co. Ltd. - 2022 1 Supreme 107: Fraud patterns exclude non-production.4. RATHAVA BACHUBHAI KHIMJI V/s INDIAN OIL CORPORATION LTD. - 2025 Supreme(GUJ) 444: Strict in non-MV.5. Usha Rajkhowa VS Paramount Industries - 2009 1 Supreme 787: Success sans PAN.6. Eshwarappa @ Maheshwarappa VS C. S. Gurushanthappa - 2010 6 Supreme 344: No-fault independent.
#MotorAccidentClaims, #PANCardLegal, #MVAct
Now, as evident from Annexure A2 PAN card with Permanent Account No.LOBPS2482E produced by the 1st respondent-claimant before the petitioner herein-insurer, the age of the claimant as on the date of the accident was 38 years. ... The said original petition was one filed by the 1st respondent herein-claimant under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the injuries sustained by him in a motor accide....
Though copy of the PAN card is produced, petitioner failed to produce income tax returns filed for the period covering the date of accident and periods prior to and later to that. ... The Original Petition was dismissed for default as against the 1st respondent. Respondents 2 and 3 though summoned by the Tribunal, did not turn up to contest the Original Petition and therefore were declared as ex parte. ... Raising a claim for ₹20,00....
Hakim, learned Counsel, appearing for the original claimants is not in a position to dispute the birth date of the deceased “14.6.1946” as mentioned in the Pan Card of the deceased. ... When, as per Pan Card, the birth date of the deceased was 14.6.1946 and the date of the accident was 8.2.2007, the deceased would be aged about 61 years. ... G.R.Q. 6811 dashed with the deceased since the driver of the motor truck was unable to control the speed, whic....
Now, as evident from Annexure A2 PAN card with Permanent Account No.LOBPS2482E produced by the 1st respondent-claimant before the petitioner herein-insurer, the age of the claimant as on the date of the accident was 38 years. ... The said original petition was one filed by the 1st respondent herein-claimant under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the injuries sustained by him in a motor accide....
Mansuri submits that the PAN Card and Income Tax with photo identity of respondent No.2 and the Aadhar Card reflects the fact where the respondent No.2 is also known as Hasmukhlal Harilal Rajde. ... Book, Aadhar Card, PAN Card and the respondent No.2 has clarified the discrepancy regarding his name and the error in the insurance policy in connection of his name. 10. ... It is also submitted that as per the Affidavit of the respondent No.2, executed on 02.06.2020 which is supported with....
The claim petition is one filed under Section 166 of the Motor Vehicles Act, in which the petitioner is claiming a total compensation of ₹15 lakhs on account of the injuries sustained in a motor accident. The claim petition is one dated 23.12.2015. ... At the time of the accident, the petitioner was riding a motor cycle. 2. The petitioner has approached this Court in this original petition under Article 227 of the Constitution of In....
It is further submitted that since the deceased was the tortfeasor, the legal heirs are not entitled for any compensation other than personal accident coverage, as seen from the copy of the policy produced along with memo dated 28.05.2025. ... The claimants shall furnish copies of the PAN Card, ADHAAR Card and bank details before the appellant insurer within a period of one month so as to enable the insurance company to make the deposit as ordered above. ... Accordingly, the award pass....
From the record it appears that the appellant himself had produced the pan card [Exhibit-47] issued on 18.12.1991 by the Income Tax department allotting him the permanent income tax number. The said card was issued on the application given by the appellant after the date of the accident. ... This appeal has been preferred against the judgment and award dated 22.01.1996 passed by the Motor Accident Claims Tribunal [1], Ahmedabad in M.A.C.P. ... No. 48/1991, whereby the....
Tribunal, City Civil Court, Ahmedabad in Motor Accident Claims Petition No.568 of 2013, the appellants / original claimants have preferred this appeal under Section 173 of the Motor Vehicles Act , 1988 (hereinafter referred to as ‘the Act’). ... Being aggrieved by and dissatisfied with the judgment and award dated 22.01.2018 passed by the learned Motor Accident Claims (Aux.) ... The appellants / original claimants shall be entitled to Rs.10,10,000/....
The claimants have produced copy of PAN card in the name of deceased. In the above facts of the case even in absence of proof of occupation and income, the earning of the deceased has to be computed little more than that of labourers. ... No document of registration of motor garage in his name or any supporting document that deceased was running a motor garage is filed. Claimants have filed copy of PAN card and further copy of ITR submitted for assessment year 2015-16....
If his income was Rs.10,000/per month, then he was expected to pay the income tax. Similarly, father of the deceased has deposed that he was giving salary of Rs.5,000/per month to the deceased, however he has also not produced on record any documentary evidence to that effect, neither accounts are produced, nor any salary certificate is produced on record. However, income tax returns or the PAN Card is not produced on record.
If his income was Rs.10,000/- per month, then he was expected to pay the income tax. Similarly, father of the deceased has deposed that he was giving salary of Rs.5,000/-per month to the deceased, however he has also not produced on record any documentary evidence to that effect, neither accounts are produced, nor any salary certificate is produced on record. However, income tax returns or the PAN Card is not produced on record.
In the present case, the appellants claim to have been running a business in the name and style 'United Trading Company', which was started in the year 1987 as a partnership firm, in which the 3rd respondent was the Managing Partner in the year 1993. The learned counsel for the appellants submitted that the partnership deed was misplaced and could not be traceable. Ext.A87 is another partnership deed prepared on 2.4.1996, in which one Aboobacker, Aiysha Beevi and Niyas are the 1st, 2nd and 3rd partners and also mentioned that T. Kunjathumma retired on 31.3.1996 and reconstituted the partners....
As she was not in a physical condition to move around, she was medically advised to be confined to bed. This medical certificate is dated 06.07.2010 whereas Usha Barooah visited the Bank on 02.07.2010. Shri Chatterjee has stated that on 02.07.2010, Usha Barooah was aged about 80 years and was suffering from diverse ailments. She also produced PAN card as proof of her identity.
She submits that she has settled all her disputes with the petitioners and her marriage with petitioner no. 3. Respondent No.2 is personally present in the Court. For her identification she has produced her Pan Card being no.
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