Please use this identifier to cite or link to this item: http://hdl.handle.net/10603/7253
Title: Compensation in motor accident claims: a study of emerging trends
Researcher: Manish Kumar
Guide(s): Naresh Kumar
Keywords: Law
Upload Date: 4-Mar-2013
University: Maharshi Dayanand University
Completed Date: 2010
Abstract: India has the dubious distinction of being one of the countries with the highest number of road accidents and the longest response time in securing first aid and medical treatment. The terrible figure of road accidents yield a cart-load of case law, which, of course, is not an elegy on the dead but real tribute on this threatening piece of legislation. Each case, however, bears its own imprint which cannot be universalized. The paradoxes involved in each individual motor accident case had posed four confounding situations, namely: 1. A section of accident victims doubly unfortunate, first in getting involved in an accident yet not getting compensation. 2. Widespread practice of using goods vehicles for passenger traffic. 3. Procedural delays in settlement of claims 4. Duty of courts to award compensation and secure it to the advantage of those for whom it was meant. In the present study an attempt has been made to find out the possible answers of the following s: 1. What are the exiting provisions relating to Motor Accident Claims in India? 2. What is the proper procedure and working pattern of Claims Tribunals for awarding compensation in motor accident claims? 3. Whether in the matters of negligent cases relating to motor accidents the maxim res ipsa loquitur plays a role in deciding the cases by the civil courts? 4. Whether in the matters of negligent cases relating to motor accidents the maxim of res ips loquitur can be applied in determining criminal liability? 5. What are the exiting trends in grant of compensation in respect of bodily injury, death and damages to the vehicles and property? 6. What are the methods, which are used by the courts in calculating the amount of compensation in respect of bodily injury, death and damages to the vehicles and property? 7. What is the procedure applied by the Lok Adalats in Disposing of the Motor Accident Claims and whether such awards made by the Lok Adalats are just, fair and reasonable or not?
Pagination: 413p.
URI: http://hdl.handle.net/10603/7253
Appears in Departments:Department of Law

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01_title.pdfAttached File64.24 kBAdobe PDFView/Open
02_declaration.pdf55.85 kBAdobe PDFView/Open
03_certificate.pdf75.61 kBAdobe PDFView/Open
04_abstract.pdf76.83 kBAdobe PDFView/Open
05_acknowledgements.pdf51.37 kBAdobe PDFView/Open
06_synopsis.pdf189.8 kBAdobe PDFView/Open
07_abbreviations.pdf91.85 kBAdobe PDFView/Open
08_table of cases.pdf191.51 kBAdobe PDFView/Open
09_chapter 1.pdf210.01 kBAdobe PDFView/Open
10_chapter 2.pdf407.03 kBAdobe PDFView/Open
11_chapter 3.pdf353.55 kBAdobe PDFView/Open
12_chapter 4.pdf679.92 kBAdobe PDFView/Open
13_chapter 5.pdf197.91 kBAdobe PDFView/Open
14_chapter 6.pdf270.7 kBAdobe PDFView/Open
15_chapter 7.pdf272.91 kBAdobe PDFView/Open
16_contents.pdf314.1 kBAdobe PDFView/Open
17_contents.pdf63.8 kBAdobe PDFView/Open
18_bibliography.pdf135.45 kBAdobe PDFView/Open
19_annextures.pdf849.87 kBAdobe PDFView/Open


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