Motor Vehicles Act, Section 149(2)(i) -- Theft of vehicle - Comprehensive insurance - Driver not possessing valid driving licence - Held, in case vehicle is stolen then breach of condition is not germane - Insurance Company cannot reject the claim on the ground that driver did not possess valid driving licence...........
Motor Vehicles Act, 1988, Section 147, 149 -- Insurance - Premium - Cheque of third party - Insurer can insist that a cheque should be issued only by the insured and not by a third party - Before a contract of insurance comes into being, the premium should be received by the insurer in advance...........
Motor Vehicles Act, 1988, Section 173 -- Appeal - Accident - Compensation - Where wife of deceased gets employment under compassionate scheme, compensation payable is not liable to be reduced...........
Consumer Protection Act, 1988, Section 2(1)(g), Motor Vehicles Act, 1988, Section 157 -- India Motor Tariff Regulation, 1994 - Insurance claim - Transfer of vehicle - Non information being sent to appellant regarding transfer of vehicle by respondent No. 2 in favour of transferee - Plea that it cannot be allowed to be used as a defence to reject the claim upheld...........
Motor Vehicles Act, 1988, Section 149, 10 -- Driving licence - A person having driving licence for a particular type of vehicle can drive another type of vehicle which is of the same category but of different type - When a person is granted a licence for driving a light motor vehicle he can drive either a car or a jeep and it is not necessary that he must have driving..........
Motor Vehicles Act, 1988, Section 149, 10 -- Driving licence - Licence to drive HMV (Heavy Motor Vehicle) - Not a valid licence to drive a scooter which is totally a different type of vehicle in terms of S.10 of the Act...........
Motor Vehicles Act, 1988, Section 149, 10, 166 -- Accident - Compensation - Licence to drive HMV (Heavy Motor Vehicle) - Not a valid licence to drive a scooter - Under the Motor Vehicles Act holding of a valid driving licence is one of the conditions of contract of insurance - Driving of a vehicle without a valid licence is an offence - Held, Insurance company though not..........
Motor Vehicles Act, 1988, Section 163A -- Scope - For invoking the provision of S.163-A MV Act, it is not necessary for a claimant to establish any act of negligence on the part of the driver - It is not necessary even to plead that the death had occurred owing to any wrongful act or neglect or default of owner of the vehicle...........
Motor Vehicles Act, 1988 -- Schedule II - Accident - Compensation - Quantum - Compensation is to be determined in terms of Schedule II - In terms thereof, apart from the amount of compensation as provided for therein only funeral expenses, loss of consortium (if beneficiary is the spouse), loss of estate, medical expenses, would be payable...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - For determining the amount of compensation, the most relevant factor is the income of deceased - Ordinarily one third should be deducted from the income of the deceased towards expenses which he would have incurred towards maintaining himself, had he been alive...........
