Unit 6 of Law of Torts, Motor Accident Claims and Consumer Protection (syllabus: Motor Vehicles Act 1988 — Part 2). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- Who may claim before a Claims Tribunal, where, and by when?
- How is compensation worked out when a person is killed on the road?
- When is compensation payable without proving that anyone was at fault?
- When may the insurer fight the claim on negligence and quantum?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Motor Vehicles Act 1988, s. 166
- Motor Vehicles Act 1988, s. 168
- Motor Vehicles Act 1988, s. 164
- Motor Vehicles Act 1988, s. 170
Leading cases
- Gujarat State Road Transport Corporation v Ramanbhai Prabhatbhai (1987)
- National Insurance Co Ltd v Pranay Sethi
- Manjuri Bera v Oriental Insurance Co Ltd (2007)
- National Insurance Co Ltd v Nicolletta Rohtagi (2002)