AI Overview...
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Interim Compensation under the Motor Vehicles Act - The High Court and tribunals have the authority to grant interim compensation in motor vehicle accident claims. Sections 140, 166, and 92-A of the Motor Vehicles Act explicitly or implicitly provide for interim relief during the pendency of claims or proceedings. For instance, Section 140 deals with the grant of interim compensation in certain cases, and tribunals have discretion under Section 171 to award interest along with interim compensation KARNATAKA STATE ROAD TRANSPORT CORPORATION, BANGALORE VS GOWRAMMA AND OTHERS - Karnataka, RADHA DEVI VS ORIENTAL INSURANCE CO. LTD. - Allahabad, NATIONAL INSURANCE COMPANY LIMITED, SAUNDATTI BRANCH, BELGAUM VS YALLAWWA - Karnataka.
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Jurisdiction of High Courts - High Courts can exercise jurisdiction to grant interim relief, including interim compensation, especially when statutory provisions or rules (e.g., under the Civil Procedure Code or specific rules like Rule 10 of the Patna High Court Rules) empower them to do so. They can also decide on appeals or revisions related to interim awards GANAPATHI NARAYAN SABHAHIT VS SHIVARAM NARAYAN BHAT - Karnataka, Alok Coal Agency VS Dhaneshwari Devi - Jharkhand.
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Legal Restrictions and Discretion - While courts have the discretion to grant interim compensation, they also consider legal impediments such as the absence of insurance coverage or statutory restrictions. For example, if the vehicle is not insured, courts may refuse interim compensation RADHA DEVI VS ORIENTAL INSURANCE CO. LTD. - Allahabad.
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Appealability and Procedure - The interim awards and orders are subject to appeal or revision, but courts emphasize that interim relief should maintain the status quo and not prejudice the final decision. The method of assessing and awarding interim compensation varies, and High Courts may refuse interim relief if conditions are not met or if the order is not justified Phonographic Performance Ltd. VS Entertainment Network (India) Ltd. - Supreme Court, Syed Ishrathulla Hussaini S/o Late S. A. Hussaini VS Noor Ahmed N. M. , S/o Mr. N. M. Nabi - Karnataka.
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Summary of Main Points:
- High Courts can grant interim compensation under the relevant provisions of the Motor Vehicles Act.
- Sections 140, 166, and 92-A facilitate interim relief.
- Courts exercise discretion based on circumstances, including insurance status and legal provisions.
- Interim awards are appealable and subject to judicial review.
- Courts aim to balance interim relief with final adjudication, maintaining the status quo New India Assurance Co. Ltd. VS Motor Accidents Claims Tribunal - Jammu and Kashmir, KARNATAKA STATE ROAD TRANSPORT CORPORATION, BANGALORE VS GOWRAMMA AND OTHERS - Karnataka, RADHA DEVI VS ORIENTAL INSURANCE CO. LTD. - Allahabad.
Conclusion: Yes, the High Court can grant interim compensation under the Motor Vehicles Act, primarily through its jurisdiction to interpret statutory provisions and exercise discretionary powers, provided the legal conditions and procedural requirements are satisfied.
Search Results for "Can High Court can Grant Interim Compensation in the Mv Act"
1992 0 Supreme(J&K) 73 • India - Jammu and Kashmir
R.P.SETHI
The Court held that the provisions of Sec. 92-A of the Motor Vehicles Act, which provided for the grant of interim compensation to ... grant relief in such cases, as there was an alternate remedy available to the petitioners by way of challenging the quantum of compensation ... The issue was whether such an interim award was appealable and whether the High Court could exercise its jurisdiction under Article ... It ....
1992 0 Supreme(Kar) 339 • India - Karnataka
Interest - Motor Vehicles Act - The court held that the tribunal has discretion to grant interest while awarding interim compensation ... Finding of the Court: The court found that the tribunal has the discretion to grant interest along with the interim ... compensation under 'no fault liability' as per Section 171, and disagreed with the view taken by the Rajasthan High Court.....
2017 0 Supreme(All) 832 • India - Allahabad
SATYENDRA SINGH CHAUHAN, KRISHNA PRATAP SINGH
Act in view of Section 140, which deals with grant of interim compensation. ... Motor Vehicle Act, 1988—Sections 163, 163-A, 140 and 147 and Second Schedule—Compensation—Claim of—Filed by legal representatives ... vehicle was not covered by Insurance Policy—In view of this legal impediments, Tribunal committed no legal error in refusing to give compensation—High ... United India Insurance Company Ltd., Baroda, 2004 (55) ALR 462, has taken the view th....
2005 0 Supreme(Kar) 401 • India - Karnataka
K.SREEDHAR RAO
... Motor Vehicles Act, 1988 -Section 166 -Interim compensation -Liability ... ... Motor Vehicles Act, 1988 -Section 140 -Interim compensation -Liability ... Therefore, directing the insurer to pay the interim compensation is bad in law. ... The Full Bench decision of the Karnataka High Court pertains to an appeal against grant of interim compensation under Sec....
2011 0 Supreme(SC) 1208 • India - Supreme Court
ALTAMAS KABIR, CYRIAC JOSEPH
– Held, Leave Petitions is an order passed by High Court refusing to grant interim stay of order of Copyright Board and subject-matter ... - Relief sought for by petitioners herein the application for interim orders before High Court was only for a stay of order passed ... of appeal pending before High Court is method to be adopted for assessing compensation payable Court are of view that no inter....
2001 0 Supreme(Jhk) 628 • India - Jharkhand
VINOD KUMAR GUPTA, D.N.PRASAD
grant any interim relief. ... Rules of the High Court at Patna 1916—Appendix E, Rule 10—Workmen’s Compensation Act, 1923—Section 30—Maintainability of LPA from ... order passed under Section 30 of WC Act, 1923—Unless Legislature restricts right of appeal or takes away right to appeal, appeal ... ... After hearing learned counsel for the appellant, we are totally disinclined to grant any interim relief of any nature. We, accordingly....
2022 0 Supreme(Kar) 140 • India - Karnataka
M.NAGAPRASANNA
High Court and further confirmed by this Court - Court holding that amendment to Section 148 of the Act was retrospective and would ... conviction and suspension of sentence even if complaints were filed prior to the amendment - Section 143A which directs payment of interim ... had come in place where the accused was to deposit 20% of fine or compensation awarded by the trial Court - Petitioner herein filed ... awarded by the trial Court#HL....
1996 0 Supreme(Kar) 219 • India - Karnataka
H.N.TILHARI
CONVENIENCE - INTERIM ORDER - SECTION 115 C.P.C. - REVISION - JURISDICTION OF HIGH COURT - SCOPE OF INTERIM INJUNCTION - PRINCIPLES ... Whether the courts below had jurisdiction to grant the interim injunction? 2. ... interim injunction. ... the parties, by simple interim or temporary injunction order, as the object of interim order is to maintain status quo as on the date of suits. ... In their suit no interim rel....
1997 0 Supreme(MP) 946 • India - Madhya Pradesh
D.M.DHARMADHIKARI
During pendency of the petition in the High Court only a sum of Rs.5,000/ – was paid on the basis of an interim order passed in the ... Court and there was no justification to award any compensation. ... The employer challenged the award in the High Court by a petition which was dismissed by the High Court on 25.7.1979.
2013 0 Supreme(SC) 1351 • India - Supreme Court
B.S.CHAUHAN, S.A.BOBDE
with an object to get an interim order so as not to make any payment of enhanced amount of compensation attitude not only amounts ... High Court. ... Respondent filed an execution application against which appellant preferred a civil application before High Court, wherein High Court ... Even though the High Court has directed to pay only 50 per cent of the enhanced amount of the compensation award....
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