Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 157 -- Insurance claim - Transfer of vehicle - Intimation not given to the appellant - insurer - Held that unless the policy is transferred in the name of the purchaser, the latter cannot claim any compensation from the Insurance Company...........
Motor Vehicles Act, 1988, Section 166, 163A -- Accident - Compensation - After conversion of petition from S.166 to S.163-A of the Act, negligence on part of the driver of offending vehicle was not required to be proved...........
Motor Vehicles Act, 1988, Section 149(2), 147, 166 -- Accident - Compensation - Rash and negligent driving of tractor - Deceased sitting on mudguard of tractor fell down and died - Driver having no driving licence - Insurance company to satisfy award and recover the same from owner of tractor - For recovery of dues Insurance company need not file a separate execution..........
Motor Vehicles Act, 1988, Section 166 -- Insurance company to satisfy award and recover same from owner - For recovery separate execution petition need not to be filed - If an application is filed for realization of amount before Tribunal then Tribunal shall take appropriate steps in this behalf...........
Motor Vehicles Act, 1988, Section 149(2), 147, 166 -- Accident - Compensation - Rash and negligent driving of tractor - Deceased sitting on mudguard of tractor fell down and died - Driver having no driving licence - Insurance company to satisfy award and recover the same from owner of tractor - For recovery of dues Insurance company need not file a separate execution..........
Motor Vehicles Act, 1988, Section 166 -- Insurance company to satisfy award and recover same from owner - For recovery separate execution petition need not to be filed - If an application is filed for realization of amount before Tribunal then Tribunal shall take appropriate steps in this behalf...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Proof of income - Income of deceased alleged to be Rs.12,500/- p.m. from agricultural and business as Commission Agent - No reliable document available in proof of income - High Court assessed income of Rs.3000/- from commission Agent and Rs.4000/- as agricultural income on guess work - Order upheld - Held,..........
Motor Vehicles Act, 1988, Section 173 -- Accident - Compensation - Appeal by Insurance Company together with the owner of the vehicle - An appeal by the owner of vehicle is maintainable despite the fact that in terms of an award, he is to be reimbursed by the insurance company...........
Motor Vehicles Act, 1988, Section 166 -- Contributory negligence - Two vehicles involved in an accident - Injured claimant was negligent - If injured claimant is partly liable principle of composite negligence will not apply - No inference can be drawn that negligence was 50 : 50 - When injured is guilty of some negligence, his claim for damages is not defeated merely by..........
Motor Vehicles Act, 1988, Section 166 -- S.166 - Composite negligence - When a person is injured as a result of negligence on the part of 2 or more wrongdoers it is composite negligence of those severally liable to injured for payment of entire damages - Injured person has the choice of proceeding against all or any of them...........
