JAI PRAKASH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) We propose to address four problems frequently faced in motor accident claim cases under the Motor Vehicles Act, 1988 ('Act' for short).

(2.) The first problem relates to a section of motor accident victims who are doubly unfortunate - first in getting involved in an accident, and second, in not getting any compensation. Let us elaborate. There are two categories of victims in motor accidents - those who will be able to get compensation and those who will not be able to get compensation. Victims of motor accidents involving insured vehicles, who are assured of getting compensation from the insurer, fall in the first category. Victims of motor accidents involving the following categories of vehicles, who do not receive any compensation fall under the second category:

(3.) The second problem relates to the widespread practice of using goods vehicles for passenger traffic. Such use is primarily due to the following four reasons: