Motor Vehicles Act, 1988, Section 14(2) -- Accident - Validity of driving license - Testimony of Registering authority solely based on register cannot be made basis of a finding that expiry date of license was 2003 - License would not have been issued for 5 years when driver was 37 years, but would be issued for a period of 20 years or 50 years of age whichever was earlier..........
Motor Vehicles Act, 1988, Section 147 -- Fatal accident - Liability of insurance company - Owner-cum-driver of offending vehicle produced a fake driving licence - Another licence produced by driver already expired before accident - Driver of offending vehicle did not depose in evidence and stayed away from witness box - He as owner had evidently failed to take reasonable..........
Motor Vehicles Act, 1988, Section 2(21), 147 -- Fatal accident by Light goods vehicle - Driver had a licence to drive Light Motor Vehicle - Light Motor Vehicle include a transport vehicle as per Mukund Dewangan's case - Order of Tribunal absolving liability of insurer set aside - Liability shall jointly and severally be fastened on insurer, in addition to owner and driver...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Plea of contributory negligence - No such plea of contributory negligence was raised by driver or registered owner of vehicle in their reply to petition - As appellant and driver of vehicle denied accident having taken place with offending vehicle, it is not open for them to raise a plea of contributory negligence..........
Motor Vehicles Act, 1988, Section 147 -- Accident - liability of insurer - Merely producing a valid insurance certificate in respect of offending vehicle not enough for owner of offending vehicle to make insurance Company liable to discharge his liability arising from rash and negligent driving by driver of his vehicle - Insurance Company can be fastened with liability on..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Collusion between two trucks - Death of driver of one truck - Name of driver of offending vehicle not mentioned in claim petition - Vague plea in written statement raised by owner of offending vehicle that vehicle being driven by a person having valid driving licence - However, owner of offending vehicle did not produce..........
Forest Act, 1927, Section 52 -- Confiscation of vehicle - Plea of petitioner that he was not aware that his vehicle was being used by his driver for the purpose of commission of forest offence - Not tenable as owner ought to have satisfied concerned officer that all due care was taken by him for custody of said vehicle...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Liability of insurer - Appellant who is an agriculturist, claimed that when he approached the tractor, driver was unable to bring it to a halt as a result of which it turned turtle and collided with appellant resulting in his sustaining grievous injuries - No independent witness produced by..........
Employee's Compensation Act, 1923, Section 30 -- Accident - Death - Compensation - Deceased was driving vehicle which was owned by respondent no.1 - Since in contractual relations of a driver and owner of a vehicle ordinarily a proper contract is not drawn out as is prepared in large commercial contracts - Thus, there is no reason to hold that deceased was not an employee..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Nothing on record to establish connection of offending jeep and its driver with fateful incident - PW4, owner of offending jeep nowhere admitted that accident occurred by his jeep or at time of accident accused was driving the same - No evidence on record to prove guilt of accused - Conviction and..........
