Motor Vehicles Act, 1988, Section 149(2), 170(b) -- Accident - Claim petition - Driver and owner of vehicle not contesting - Contest by Insurance Company on merits - Held, in the absence of permission obtained by Insurance Company from the Tribunal to avail the defence of the insured, it is not permitted to contest the case on merits...........
Motor Vehicles Act, 1988, Section 166, 147(1)(b), Workmen's Compensation Act, 1923, Section 2, 3 -- Accident - Compensation awarded - Employee injured during course of employment due to negligence of driver of vehicle - Extent of liability of Insurance Company - Held, in absence of payment of cover premium, liability of insurance company will be restricted only to the one..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hire purchase agreement - Once the financier had exercised the option of seizure of vehicle, post dated cheques obtained from purchaser cannot be presented for encashment after the seizure - Owner has to take recourse to other legal remedies for recovery of balance amount...........
Criminal Procedure Code, 1973, Section 451 -- Custody of vehicle - Grant of - Accused broke open lock and took away Transit Mixer from custody of complainant - Accused registered owner of Transit Mixer and paying tax on it - Complainant company failed to furnish document to establish that Transit Mixer was in its lawful custody - Complainant company not registered owner of..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Claim petition u/s 163-A of the Act - The peculiar feature of the provision is that the claimants are not required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner or owners of the vehicle concerned -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - It is necessary for a claimant to prove negligence on the part of the driver or owner of the vehicle - The burden is on the claimant to establish the negligence on the part of the driver or owner of the vehicle and on proof thereof, the claimant is entitled to compensation...........
Motor Vehicles Act, 1988, Section 166, 147 -- Accident - Death of owner who was driving the vehicle - Claim petition by legal representatives - Not maintainable in the absence of a personal accident insurance being taken out by the owner...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63 -- Confiscation of vehicle - Vehicle used to transport contraband with knowledge of the owner - Ownership and recovery of contraband from the vehicle not in question - Opportunity to lead evidence with regard to use of vehicle given - Conclusively proved that vehicle was used to transport contraband..........
Criminal Procedure Code, 1973, Section 451 -- Custody of motorcycle - Recovery from petitioner - Petitioner registered owner of vehicle - Vehicle was given in dowry at the time of marriage - Vehicle was thus `stridhan' of respondent No.2 - Trial Court rightly directed the interim custody of vehicle to respondent No.2...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Release of vehicle - Recovery of 53 Kg. of poppy husk from driver of a truck - Truck taken into possession - Truck released to registered owner on Superdari on the condition that it will remain in the same condition during pendency of trial, same will not be disposed of and same will be produced in trial..........
