Motor Vehicles Act, 1988, Section 185, 203, 204, 205, Evidence Act, 1872, Section 106 -- Accident claim - Burden of proof - Driver under influence of alcohol - Facts about nature, quantity and place of consumption would be within special knowledge of person who has consumed alcohol - It would be "disproportionately difficult" for insurer to prove whether driver was empty..........
Indian Penal Code, 1860, Section 279, Consumer Protection Act, 1986, Section 12, Motor Vehicles Act, 1988, Section 185, 147, 203, 204, 205 -- Accident - Drunken driving - Liability of Insurance Company - Driver and co-passenger proved to be under influence of alcohol - Aggravates possibility of rash and negligent driving - Insurance company is entitled to invoke exclusion..........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Vehicle involved in offence u/ss 279, 337, 338 IPC - Vehicle denied to be released on the ground that as on date of accident and alleged involvement of motor cycle, there was no insurance policy standing in the name of owner of motor cycle - Whether vehicle was covered with insurance policy as on..........
Motor Vehicle Rules, 1989, Rule 115, 116, National Green Tribunal Act, 2010, Section 14, 2(c), 2(m) -- Power of National Green Tribunal - Non-production of Pollution under Control (PUC) Certificate - Penalty of not to supply fuel to vehicles - Tribunal had no power and/or authority and/or jurisdiction to pass orders directing State Government to issue orders, instructions..........
National Green Tribunal Act, 2010, Section 26, 28, Motor Vehicle Rules, 1989, Rule 115, 116 -- Penalty - Failure to comply with an order of Tribunal - Tribunal had no power and/or authority and/or jurisdiction to direct State to deposit Rs.25 crores to secure compliance with its order - In any case such an order should not have been passed in review when initial order did..........
Environment (Protection) Act, 1986, Section 3, 7, 10, 11, 23, Air (Prevention and Control of Pollution) Act, 1981, Section 3(1), 3(2)(i)(a)(b), 3(2)(iii)(iv), 3(2)(x), 20, National Green Tribunal Act, 2010, Section 14, 2(c), 2(m), Motor Vehicle Rules, 1989, Rule 115, 116 -- Power of National Green Tribunal - Direction to State Government - For implementation of requirement..........
Motor Vehicles Act, 1988, Section 65, 211, Madhya Pradesh Motor Vehicle Rules, 1994, Rule 55A -- Registration of motor vehicle - Power of State Government to levy fee - State Government has authority to prescribe a fee for reserving certain numbers or distinguishing marks to be assigned as registration numbers...........
Motor Vehicles Act, 1988, Section 41(6), Madhya Pradesh Motor Vehicle Rules, 1994, Rule 55A -- Registration of motor vehicle - R-55-A of Rules was within ambit of powers delegated to State and directly related to performance of its functions u/s 41(6) of the Act, for which it could legitimately claim a fee, as done through R.55-A of Rules...........
Consumer Protection Act, 1986, Section 23 -- Accident - Insurance claim - Damage to truck - Plea of transfer to third party by entering into a sale agreement - Registration of truck is in the name of appellant on the date of accident - Over three years after alleged transfer of vehicle in the name of `M', appellant paid premium of insurance policy - Insurance policy is..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Offending vehicle/bus was hired by Corporation under an agreement between it and bus owner - Vehicle was insured - Agreement clause that Corporation has no liability for fault, negligence, accident or other illegal acts of driver of vehicle - Insurance company liable to..........