Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Where contract of insurance is not disputed even on breach of insurance conditions, Court had allowed recovery of compensation from insurer by giving right to insurer to recover the same from vehicle owner...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was an Engineer employed in public sector undertaking - No material to indicate that his job was not permanent in nature or that he was on a contract for a limited period - Addition for future prospects would have to be @ 50% considering that deceased was aged below 40 years at..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of insurance company - Offending vehicle as per the certificate of registration is a utility vehicle and permit issued is of a contract carriage - Package policy was issued by Insurance Company after looking at certificate of registration and permit issued and it has been clearly specified that..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Award of Tribunal - Supreme Court by interim order stayed award on the condition that Insurance Company deposits the entire amount as awarded by Tribunal and that claimants shall not be permitted to withdraw the same unless permitted by Supreme Court - Plea of Insurance company that there was no contract of insurance -..........
Indian Penal Code, 1860, Section 279, Consumer Protection Act, 1986, Section 12, Motor Vehicles Act, 1988, Section 185, 147, 203, 204, 205 -- Accident - Drunken driving - Liability of Insurance Company - Driver and co-passenger proved to be under influence of alcohol - Aggravates possibility of rash and negligent driving - Insurance company is entitled to invoke exclusion..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Right of recovery - Tribunal awarded right of recovery against driver and owner of offending vehicle - No privity of contract between insurer and driver of offending vehicle - As there was no contract between driver and insurer question of driver having committed any breach of terms and condition of policy..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Enhancement of - Claimants contended that since there is amendment to 2nd Schedule of the Act, they are entitled to fixed amount of Rs.5 lakhs as compensation - However accident took place in the year 2006 and award passed by Tribunal in 2009 - Even order passed by High Court was much prior to amendment in..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Compensation - Cheque for payment of premium dishonoured - Liability of insurance company - Liability of insurance company to satisfy award passed in favour of claimants is there - However, since contract of insurance was without consideration as cheque for premium had bounced, insurance company would be entitled..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Driving licence - Recovery rights of insurance company - In absence of privity of contract between the driver and insurer, the insurance company otherwise cannot be allowed recovery right against the driver ...........
Motor Vehicles Act, 1988, Section 147 -- Liability of Insurance company - Appellant at time of accident was driver and owner of vehicle which was insured with respondent - By virtue of insurance contract, insurer cannot wriggle out of its obligation towards third party claim and so the driver-cum-owner - Held, both insurance company as well as appellant is jointly and..........
