Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Proof of factum of accident before the tribunal - Tribunal accepted the evidence of sole witness produced by the claimant to find that the insurer's vehicle had been involved in the accident - Witness stated before the criminal court that he did not know which vehicle was involved in the accident - Before..........
Motor Vehicles Act, 1988, Section 147 -- Accident - Compensation - Liability of Insurance Company - Plea of gratuitous passenger cannot be raised for the first time in appeal...........
Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Computation of compensation in claim petition - Deceased aged 35 years and earning salary of Rs.3, 647/- at the time of death - He had four family members dependent on him - Held, where number of dependants is 4 to 6, one fourth should be deducted towards personal and living expenses of deceased - Thus..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Motor Vehicles Act, 1988, Section 15(1) - Insurance claim - Repudiation - Driving licence - At the time of accident the driver did not have a valid driving licence - His licence had expired on 13.02.1995 and was renewed only on 18.09.1995 and the accident had taken place on 02.07.1995 - Insurance company not..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Liability of the insurer - Insurance company taking plea that licence of the driver of the offending vehicle was not valid at the time of accident - Held, if a licence is false, even a genuine renewal can't make a difference - An owner employing a person ought not to be said to be negligent in his conduct in not looking..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Death of male child - Enhancement of compensation sought solely on the ground that deceased was a male child - Held, death of a male cannot afford a larger compensation than death of a female child - Belief that son is more important than a daughter ought not find judicial affirmation through judgment...........
Motor Vehicles act, 1988, Section 149(2), 166 -- Accident - Compensation - Liability of insurance company - Liability cast on the insurer on the ground that the driver of the bus was found to be responsible for accident - Insurance company raised challenge against the liability, contending that driver of the bus was not holding valid driving licence at the time of accident..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased a pillion rider on scooter - Accident as a result of a collision with a Cielo car whereas scooterist and pillion rider fell and a maxi cab drove over a person causing death - Insurance company contended that case could not have been prosecuted without impleading owners of Cielo car and the maxi cab..........
Motor Vehicles Act, 1988, Section 170 -- Accident - Compensation - Appeal on the question of quantum - Additional evidence sought that claimants have falsely given evidence relating to the income status of the deceased - Held, such an evidence cannot be allowed to be brought on record - If there is a case of fraud in securing the award, that will be still a quite different..........
Motor Vehicles Act, 1988, Section 140, 141, 146, 147 -- Motor Vehicle Accident - Compensation - No fault compensation - Liability of Insurance Company - Invariably liability is to be passed to the Insurance Company...........
