ValkyaEditorial

Tagged “mact”

8 articles on mact.

Supreme CourtSupreme Court of India

Anoop Maheshwari v. Oriental Insurance (2025): functional disability, not the medical certificate, governs loss of earning capacity

In an amputee's claim under the Motor Vehicles Act, the Supreme Court held that compensation for loss of earning capacity turns on functional disability — the real reduction in earning power in the claimant's vocation — not the percentage of physical disability certified by a medical board. It also reaffirmed that income-tax returns are cogent proof of pre-accident income and cannot be brushed aside on surmises.

Valkya Editorial··6 min
Supreme CourtSupreme Court of India

Sarla Verma v. Delhi Transport Corporation (2009): standardising the multiplier and personal-expense deduction

The Supreme Court used a fatal bus-accident claim to bring order to motor-accident compensation, fixing an age-based multiplier table and standard slabs for deducting the deceased's personal and living expenses. The framework became the bedrock of MACT computation, later affirmed by the Constitution Bench in Pranay Sethi.

Valkya Editorial··6 min
Weekly Report

Insurance law in May-June 2026: collateral source, mental-health parity, IRDAI cyber-security, and the Sabka Bima reforms

The May-June 2026 cycle in Indian insurance law has produced three threads running in parallel — the Supreme Court's collateral-source recalibration in Dolly Satish Gandhi alongside the Santhosh anti-double-counting discipline and the Sayona Colors fraud-vitiates-all line; the operational implementation of the Sabka Bima Sabki Raksha (Amendment of Insurance Laws) Act 2025 with 100 per cent FDI and SEBI-style disgorgement powers for the IRDAI, alongside the Bima Sugam commercial launch and the continued delay of the Bima Vistaar composite product; and the IRDAI's substantive regulatory recalibration through the Information and Cyber Security Guidelines 2026, the KMP remuneration amendment tying half of the performance assessment to policyholder-outcome metrics, and the Karnataka HC and Supreme Court interventions on MACT jurisdiction over PA cover and on the personal liability of insurer top brass.

Valkya Editorial··15 min
Supreme CourtSupreme Court of India

National Insurance v. Pranay Sethi: the Constitution Bench that settled the just-compensation framework under the Motor Vehicles Act

On 31 October 2017, a five-judge Constitution Bench unanimously settled the methodology for computing 'just compensation' under the Motor Vehicles Act 1988. Authored by Chief Justice Dipak Misra, the judgment fixed the future-prospects framework on bright-line age and employment-status tiers, affirmed the Sarla Verma multiplier line, standardised the conventional heads with a built-in 10 per cent revision every three years, and brought a long period of MACT inconsistency to a close.

Valkya Editorial··15 min
Supreme CourtSupreme Court of India

National Insurance v. Swaran Singh: the 'pay and recover' doctrine and the statutory paramountcy of third-party liability

On 5 January 2004, a three-judge bench of the Supreme Court (V.N. Khare CJI, S.B. Sinha J. authoring, and S.H. Kapadia J.) settled the 'pay and recover' doctrine for motor accident claims involving a driver without a valid licence. The bench held that third-party statutory liability under Section 149 of the Motor Vehicles Act 1988 persists even where the driver had no licence at the time of the accident; that the insurer must pay the third party first and may then recover from the insured under the breach-of-policy condition; that the burden lies on the insurer to prove deliberate breach as a precondition to recovery; and that the owner's contractual liability to the insurer is analytically separate from the insurer's statutory liability to the third party. The judgment installed the victim-protection architecture that runs through every subsequent motor accident decision.

Valkya Editorial··17 min