Motor Vehicles Act, 1988, Section 196 -- Offending vehicle not insured at the time of accident - Police failed to prosecute the owner and driver of the uninsured offending vehicle u/s 196 of the Act - Notice issued to the investigating officer to explain why the owner and the driver not prosecuted u/s 196 of the Act...........
Motor Vehicles Act, 1988, Section 168, 169, 174, 149 -- Motor Vehicle accident - Compensation - Driver and owner of offending vehicle held liable to pay amount of award - However, Insurance Company directed to pay that amount to claimants and then to recover it from driver and owner of offending vehicle - To recover that amount Insurance company need not file separate suit..........
Motor Vehicles Act, 1988, Section 149, 147, 82 -- Liability of Insurance company - Original permit holder of vehicle died - Permit not transferred - Owner of offending vehicle got his vehicle covered under the same permit by playing fraud - Held, owner is not entitled to cover his risk under the insurance policy - Insurance Company directed to pay amount of compensation..........
Motor Vehicles Act, 1988, Section 147 -- Accident - Compensation - Fake driving licence - On renewal of licence forgery is not cured - Once a forgery, the driving licence is null and void and it cannot attain any legitimacy and get the colour of genuineness by renewal under the Act - When driver is holding a fake driving licence then Insurance company cannot be held liable..........
Motor Vehicles Act, 1988, Section 166 -- Delay in disposal of claim petition - Magistrate not to release vehicle on superdari till the driver and owner appear before the claim tribunals and produce all the relevant documents - Vehicle if uninsured, owner to furnish sufficient security of the vehicle to be attached before judgment so that recovery of the award is..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Owner or authorised insurer is liable to pay compensation to the legal heirs of the victim in case of death or permanent disablement as indicated in Second Schedule - When a claim petition is u/s 163-A of the Act, claimant is not required to plead or establish that the death or permanent disablement was..........
Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Compensation - Claim petition can be either u/s 163-A or S.166 of the Act - If a petition is u/s 166 of the Act then claimant has to prove the negligence of the driver or owner of the vehicle - In case claim petition is u/s 163-A of the Act the compensation will be awarded in terms of Schedule without calling upon..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Death of owner - S.163-A of the Act has no application in respect of an accident wherein the owner of the motor vehicle himself is involved...........
Motor Vehicles Act, 1988, Section 2(1), 2(14), 2(21), 3, 14, 147, 149 -- Licence to drive light motor vehicle - Driving goods vehicle/transport vehicle without authorisation - To drive a transport vehicle a distinct licence is required to be obtained - Driving a vehicle without there being a valid and effective driving licence amounted to breach of conditions of insurance..........
Workmen's Compensation Act, 1923, Section 3(1), Motor Vehicles Act, 1988, Section 147(1)(b)(i), 166 -- Deceased was employed as driver by the appellant who was owner of the vehicle - Deceased took the vehicle to a temple as per directions of the owner - Deceased drowned while taking bath in pond - Held, neither owner nor insurance company is liable because the vehicle..........
