Indian Penal Code, 1860, Section 147, 148, 323, 341, 451, 504, 362, 342, Wild Life (Protection) Act, 1972, Section 27, 28, 30, 31, 32, 33, Motor Vehicles Act, 1988, Section 74, 75 -- Petitioners were summoned for offences under Penal Code, Wildlife Act and Motor Vehicle Act - Provisions of Wildlife Act and Motor Vehicle Act do not crate any penal offences - Summoning order..........
Motor Vehicles Act, 1988, Section 149, 174 -- Motor accident - Insurance contract - Liability of insurance company - Dishonour of cheque issued towards payment of premium and subsequent cancellation of policy - Insurance Company is liable to indemnify loss to third party and can however recover amount from insured as per S.174 of the Act...........
Motor Vehicles Act, 1988, Section 166, 167 -- Motor accident - Compensation - Driver having licence to drive Light Motor Vehicle - Not authorised to drive lorry with which accident took place - Held, Insurance Company is not liable to indemnify the award...........
Motor Vehicles Act, 1988, Section 166, 167 -- Motor Accident - Compensation - Child aged 7 years - In case of children of tender age neither income of deceased child is capable of assessment on estimated basis nor the financial loss suffered by the parents is capable of mathematical computation - To assess compensation is a guess work - In the instant case compensation of..........
Consumer Protection Act, 1986, Section 2(1),(r), Motor Vehicles Act, 1988, Section 3(3) -- Unfair trade practice - Car - Maruti Zen - One-time life tax - Rs. 14,000/- charged by Authority taking unladen weight as 730/- kgs. - Demand raised by Authority of Rs.4,800/- on ground that actual unladen weight of Maruti Zen Car was 755 kgs. - Explained by petitioner-OP that at the..........
Motor Vehicles Act, 1988 -- Accident - Owner permitted vehicle to be driven by a minor who does not possess a valid licence - Liability of Insurance company - Insurance company not liable - Entire liability to satisfy the award would that of owner of vehicle...........
Motor Vehicles Act, 1988 -- Accident - Fake licence - Liability of Insurance company - Insurance companies would have to establish not only that licence possessed by driver was fake but additionally that owner knew about the said fact...........
Motor Vehicles Act, 1988, Section 166(1)(c), Civil Procedure Code, 1908, Section 2(11) -- Accident - Claim petition by a legal heir but who was not dependent on deceased - Held, claim petition is maintainable - Claim petition has to be decided on ground of right to entitlement - Liability does not cease because there is absence of dependency...........
Motor Vehicles Act, 1988, Section 166(1)(c), Civil Procedure Code, 1908, Section 2(11) -- Accident - In case of death, all or any of the legal representatives of the deceased become entitled to compensation and any such legal representative can file a claim petition - Where all the legal representatives had not joined, then application can be made on behalf of the legal..........
Motor Vehicles Act, 1988, Section 166 -- Motor Accident - Award of compensation - Challenge by driver-cum-owner of offending vehicle - As per evidence on record the accident took place due to rash and negligent driving of tractor by appellant/driver - Also, a tort feaser cannot get benefit of pension received by widow of deceased - Therefore, award of compensation, proper...........
