Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Fake driving licence - Owner of truck is not an individual and is a company - Undisputedly, even if tort feasor is driver, liability for any negligence of driver rests on owner of vehicle, vicariously - There can be no suspicion raised merely because owner had produced..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Fake driving licence - Insurance company failed to bring out the absence of due diligence in employment of driver or entrustment of vehicle, to prove breach by insured - High Court had erred in finding that there was collusion between employer and employee merely for..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Non-adding of future prospects - Appellant did not file any appeal to challenge the judgment and order of Tribunal - It was insurance company who approached High Court - Therefore, it would not be permissible for Supreme Court to go into the ground of non-adding of `future prospects' raised by appellant and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Medical expenses - Insurance Company also liable to pay Rs.20 lakhs as future medical expenses incurred by parents of victim which shall not carry any interest if paid within a period of four months, but on failure to pay within the stipulated time same shall carry interest @ 9% from the date of this..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of Insurance Company - Deceased travelled in goods carriage after paying fare - Goods vehicle is not allowed to carry passengers, unless he is the owner of the goods carried therein or his authorised representative - Deceased who travelled in the goods carriage after paying fare, damages for his..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Owner of offending vehicle had fraudulently changed the validity dates of insurance policy - On the date of accident there was no insurance coverage and policy was not in operation - Such contention raised in review petition - Nothing was produced in main claim..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Compensation - Liability of insurance company - Driver of offending vehicle had no valid license on the date of accident and licence was not renewed - Insurance company was entitled to take a valid defence in that regard u/s 149(2)(a)(ii) of the Act, as driver of offending vehicle was not duly licensed, to avoid its..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of insurance company - Proceedings under Motor Vehicles Act - Accident had taken place on account of rash and negligent driving of offending truck - It was not open for insurance company of offending vehicle to get insurance company of other truck impleaded against whom no claim had been made - Moreover,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Evidence, facts and circumstances of case shows that factum of involvement of offending vehicle as claimed and asserted by claimants was not proved - Claimants failed to discharge their obligation on this count which was to be the primary step - Even, claimant had failed to prove involvement of Tata Magic..........
Motor Vehicles Act, 1988, Section 166 -- Accident involving adult - Determination of income - Direction issued that: In cases where claimant has failed to furnish appropriate details of income or adequate proof thereof, it shall be responsibility and obligation of contesting party, more particularly Insurance Company to furnish before Tribunal applicable minimum wage as..........
