Motor Vehicles Act, 1988, Section 146, 147, 166 -- Accident - Claim petition - Accident after taking insurance policy but before coming into force of the insurance - Insurance company is not liable - Insurance policy can be issued from a future date - A policy which is issued from a future date must be with the consent of the holder of the policy - Insurance company cannot..........
Motor Vehicles Act, 1988, Section 147, 166 -- Accident - Compensation - Death of gratuitous passenger travelling in a private car - Car driven negligently - Policy was 'Private car package policy' - Held, gratuitous passenger falls within meaning of third party - Insurance company is liable to pay compensation...........
Motor Vehicles Act, 1988, Section 147, 166, 173 -- Accident - Claim petition - Liability of Insurance company - Commencement of Insurance policy - In cases where there is a mention of the specific time for the purchase of the policy, then a special contract comes into being and the policy becomes effective from the time mentioned in the cover note/the policy itself...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 324, 147, 504, 506 -- Police case - Complaint case by the other party - Happening of incident admitted - Prosecution launched by either cannot be said to be mala fide or vexatious - Both sides having their own version of the incident - Which version is correct can be seen and judged only when..........
Indian Penal Code, 1860, Section 302, 149, 148, 147 -- Acquittal by High Court - Non mention in FIR that PW1 and PW4 witnessed the occurrence - Medical evidence not supporting the ocular version - Several unexplained circumstances making prosecuting case doubtful - Order of acquittal upheld...........
Motor Vehicles Act, 1988, Section 166, 140, 147 -- Accident - Compensation - Collision of jeep with a truck - Death of a person travelling in the jeep - Driver of jeep was not driving his jeep rashly and negligently - Accident occurred due to rash and negligent driving of truck - Truck not insured - Insurance company, the insurer of jeep is not liable...........
Motor Vehicles Act, 1988, Section 147, 149 -- Accident - Compensation - Claimant compensated by another Insurance Company for the same cause of action consequent to the same accident - Plea of claimant that the same does not debar him from making a claim under the statutory liability against the tort-feasor - Held, High Court not considering the aspect that claimant had..........
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..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Conviction - Pending revision, parties have settled the matter - Petition has been filed u/s 147 of the Negotiable Instruments Act, 1881 seeking permission to record composition - Petition has been signed by both revision petitioner as well as complainant and their..........
