Motor Vehicles Act, 1988, Section 149(2)(a)(ii) -- Driving licence - Onus of proof - If the Insurer takes a plea that the driver did not have a valid driving licence, onus is upon him to prove it - It is not sufficient to make an application to the Tribunal to direct the driver and owner to produce the driving licence - Neither driver nor owner summoned as witnesses by the..........
Motor Vehicles Act, 1988, Section 157 -- Sale of vehicle along with policy and certificate of insurance - It is a deemed transfer of policy and Insurance certificate to transferee by operation of law - Transferor need not apply to insurer for transfer of policy in favour of transferee - Transferee has to make application to insurer to make necessary changes as regards..........
Motor Vehicles Act, 1988, Section 166 -- Person getting on top of stationary bus to unload luggage - Bus starting with a jerk throwing him off - Injuries and death - The fact that the incident took place at a time when bus was stationary does not make difference as to the aspect of liability...........
Motor Vehicles Act, 1988, Section 166, 163A -- Accident - Compensation - Claim filed u/s 166 (fault liability) and accordingly compensation worked out - Had the claim been filed u/s 163-A (no fault liability) then compensation was payable by applying second schedule - Whether in such a case claimants are entitled to get compensation by applying Second Schedule - As there..........
