Motor Vehicles Act, 1988, Section 149(4) -- Pay and recover - If there are violations of the terms of policy, question of pay and recover would arise - But when case of deceased is not covered under policy, question of pay and recover would not arise...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Demand of motor cycle - Father of deceased was well treated by accused when he visited him twice after marriage - Parents of deceased stated that no demand of motor cycle was made by anyone - No evidence that deceased was harassed by accused soon before death - Accused acquitted...........
Motor Vehicles Act, 1988, Section 166 -- Accident - One leg of victim amputated - Suffered 60% disability - Victim, aged 55 years, was cart puller and had earning capacity Rs.3,300/- p.m. - He was rendered incapable of doing his job to earn his livelihood - Held, loss of earning capacity would be 100% but in no case less than 90% - Compensation for loss of future earning..........
Motor Vehicles Act, 1988, Section 166 -..........
Motor Vehicles Act, 1988, Section 166 -- Accidental death - Computation of compensation - Compassionate assistance - Held, compassionate appointment is irrelevant for computation of compensation for death in motor accidents - If compassionate employment can not be taken into consideration for deductions from assessed damages, why should compassionate assistance be taken..........
Motor Vehicles Act, 1988, Section 166, 163A -- Accidental death - Computation of compensation - Held, financial assistance under the Compassionate Assistance Rules and compensation as assessed under the relevant provisions of Motor Vehicles Act are mutually exclusive and have no reciprocal bearing on quantum as arrived at under respective heads - Insurance Companies are..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Claim petition - Respondent No.1, who was driving scooter, is maternal uncle of appellant-petitioner - Respondent No.1 did not produce his medico legal report - No explanation was offered for same - No report of mechanic to show that in accident scooter was damaged - Held, in view of receipt and copy of..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Claim petition - Respondent No.1 was driving scooter - No driving licence is on file - Insurance policy was also not produced - Specific allegation of insurance company is that at the time of alleged accident vehicle was not insured and driver was not holding valid and effective driving licence - Held, it..........
Motor Vehicles Act, 1988, Section 86 -- Central Motor Vehicles Rules (1989), R.85 - Permit of contract carriage buses - Cancellation of - Validity - Names and addresses of passengers or hirers of vehicles never noted - No long book maintained - Neither any receipt issued to hirer nor any counterfoils of same produced - In absence of documents, verification whether bus was..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 157 -- Indian Motor Tariff Rules, GR 17 - Insurance claim - Repudiation - Ground that there was no contract between the complainant No.2 and the Insurance Company as the Insurance Policy was not got transferred in the name of purchaser - The purchaser of the vehicle failed to comply with the..........