Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Liability of insurance company - Offending vehicle was wrongly parked and there was no driver obviously, it is owner of vehicle who has to take responsibility for any liability arising out of any untoward incident including accident in question - Insurance Company liable to pay the amount with..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Fake driving licence - Owner of truck is not an individual and is a company - Undisputedly, even if tort feasor is driver, liability for any negligence of driver rests on owner of vehicle, vicariously - There can be no suspicion raised merely because owner had produced..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Driver of offending vehicle wholly responsible for accident - Both MACT and High Court have awarded only 10% towards future prospects - Quantum of compensation awarded by High Court is modified by restoring verdict of MACT with regard to 100% negligence attributable to driver of offending..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Deceased was riding his motorcycle on his left side of road when Alto Car hit him - Site plan also corroborates testimony of eye witness/PW4, complainant - Accident in question thus, took place due to rash and negligent driving of driver of Alto car and there was no contributory negligence on..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Contributory negligence - Driver of offending vehicle was declared negligent to the extent of 50% by High Court - However, taking into account the examination-in-chief of driver of offending vehicle, it is impossible to come to a conclusion that deceased in any manner contributed to negligence - Finding of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Contributory negligence - Collusion between lorry and car - Death of driver of car - Car was dragged to a distance of 20 feet after collision, clearly indicating rash and negligent driving on the part of lorry driver - Contributory negligence on the drivers will be equal, since there is fault on the part of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Contributory negligence - Collusion between lorry and car - Death of driver of car - Keeping in view the age of deceased 38 years at the time of accident, multiplier of 15, deduction of 1/4th for personal expenses, addition of 40% for future prospects and various other heads under which claimants..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Dismissal of claim petition by holding that no eye witness was examined to prove rash and negligent driving - Eye witness will not be available in all cases - When FIR is lodged and charge sheet is filed there could not be a finding that negligence was not established - Order of Tribunal allowing claiming petition..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Collusion between truck and bike - Death of driver of bike - Eyewitness/PW3 was accompanying the deceased in another bike - He stated that both the bikes being driven in normal speed when offending truck came from the wrong side and hit the bike of deceased - Truck was driven in a rash and negligent manner - After the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Rash and negligent driving - Police after investigation, charge sheeted the driver of trailer finding clear negligence on him, which led to the accident - This has not been controverted by respondents before the Tribunal by any valid evidence nor even by a pleading - In fact, Tribunal, on a mere imaginative surmise, found..........
