Consumer Protection Act, 1986, Section 23 -- Insurance claim - Accident policy for account holders of Bank - Deficiency in service on part of Bank in failing to forward application form to insurer and in deducting insurance premium on time - Had bank not deficient in performing of its services, deceased would have been entitled to an insurance cover in same terms as was..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Motor Accidents Claims Tribunal is not a financial adviser or chartered accountant to advice a person on how one's money deserves to be spent even if spending spree is profligate - Due to this uncaring and irresponsible order passed by Tribunal, petitioner has to approach High Court at much time and expense..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement - Just compensation assessed by High Court cannot be declined on the ground of non filing of cross appeal by appellant as in Motor Accident Claims, Court should not take hyper technical approach - Just compensation, as assessed by High Court, granted with interest thereon...........
Motor Vehicles Act, 1988, Section 171 -- Accident - Compensation - Insured failed to discharge his primary obligation that he had given his vehicle for driving to a person who was duly licensed on the date of occurrence - Therefore, insurance company shall have right of recovery against insured after payment of compensation...........
Motor Vehicles Act, 1988, Section 171 -- Accident - Compensation - Interest - Tribunal not recorded any findings to deny interest from date of application till realization - No reason assigned to extend concession to respondents that interest would be attracted only if compensation is not paid within two months - Tribunal that no interest shall be payable if compensation..........
Motor Vehicles Act, 1988, Section 166(1)(c) -- Accident - Claim of compensation by major married and earning sons - Held, major sons of deceased who are married and earning have right to apply for compensation, as they are covered by expression "legal representative" of deceased - Tribunal to consider application irrespective of fact whether concerned legal representative..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deductions - Personal expenses - Deduction towards personal expenses to the extent of 50% is excessive and not just and proper considering the fact that claimants along with their respective families were staying with deceased at the relevant time and were largely dependent on her income - Deduction of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Deceased aged 48 years - Respondents being claimants would be entitled for compensation to be reckoned on basis of loss of dependency, due to loss of gross salary of deceased and future prospects and deduction of 1/3rd amount towards personal expenses of deceased - Multiplier `13' applied by Tribunal..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Right of recovery - Tribunal awarded right of recovery against driver and owner of offending vehicle - No privity of contract between insurer and driver of offending vehicle - As there was no contract between driver and insurer question of driver having committed any breach of terms and condition of policy..........
Motor Vehicles Act, 1988, Section 149 -- Accident - 80% physical disability - Compensation - Tribunal has an obligation to assess just and reasonable compensation to make good loss in terms of money suffered by victim and victim family - However, compensation cannot be a bonanza, source of profit or largess - Tribunal failed to discharge its obligation to summon a witness..........
