Motor Vehicles Act, 1988, Section 166, 173 -- Fatal motor accident - Death of an unmarried salaried person - Determination of compensation - Future prospectus in career - Held, future prospectus would have to be taken into consideration while assessing compensation - The principle is to assess future loss of income and to double the amount and then add to the salary which..........
Consumer Protection Act, 1986, Section 2(1)(r) , 14(1)(d) -- Unfair trade practice - Compensation - Punitive damages - Motor car - Vehicle Chevrolet Forest AWD model was a passenger car - However representation made by respondents in their brochure relating to vehicle, the owners' manual that the vehicle is Sports Utility Vehicle (SUV) - The petitioner who purchased the..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 4 -- Insurance claim - Driving licence - Driver was underage to have obtained the driving licence as per Section 4 of the MV Act, 1988 - Order of the District Forum allowing the claim of respondent liable to be quashed - Respondent given liberty to take action against the driver as well as..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 3 , 10(2) -- Driving licence - Driver holding driving licence for driving heavy motor vehicle - Held to competent to drive a bus...........
Insurance policy -- Accident benefit - Condition in the policy of holding of driving licence by the deceased/insured for having benefit of 'accident benefit' - The driving licence of the deceased who was going on motor cycle not produced which would be a condition precedent for getting the benefit under the accident benefit - Adverse inference has to be drawn - No..........
Motor Vehicle -- Defects in motor cycle - Repaired by the petitioner OP - Complaint partly allowed by the District Forum but in appeal petitioner was directed to refund the price of the motor cycle with 12 % interest - In revision petition filed by petitioner direction issued to repair the vehicle complied with - Automobile engineer appointed to inspect the vehicle and to..........
Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Deceased, who was standing inside bus, fell down from front window which got opened due to jerk caused to bus because of rash and negligent driving by driver of bus - Held, there was no contributory negligence on part of deceased - It was negligence of driver of bus alone...........
Consumer Protection Act, 1986, Section 2(1)(g) -- India Motor Tariff, GR 10 - Insurance claim - Plea that vehicle had already been transferred to the transferee but the insurance policy was not transferred in the name of complainant, no insurable interest could have been created in the name of the complainant repelled in view of provision GR 10 - The respondent/complainant..........
Motor Vehicles Act, 1988, Section 149(2), 155, 157, 147 -- Inspite of death of owner of vehicle insurance of vehicle continued to be renewed in the name of deceased and premium was paid by his wife - L.R's of deceased took no steps to get the registration of vehicle changed in their name - Vehicle met with an accident causing death of driver - Held, Insurance company is..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 157(2) -- Insurance claim - Repudiation - Insurable interest - Transfer of vehicle - Change in terms of Section 157(2) of MV Act not got effected in the insurance policy - Policy further got renewed in the name of previous owner - Held that there being no agreement of transfer of the..........
