Insurance claim -- Motor vehicle - Surveyor's report - Valuation of vehicle - Declared to be a total loss by surveyor - Company itself accepted the value of the vehicle at Rs. 3,54,000/ - on 13.2.2002 while renewing insurance policy - Could not claim the value of the vehicle on total loss basis on 1.9.2002 on the date of accident as only Rs. 1,80,000 - Company bound by the..........
Motor vehicle -- Defective car - Manufacturing defect - Compensation - Leakage of water from the front wind screen of the vehicle - There existed no manufacturing defect either in the engine, chassis or any other part of the vehicle - The vehicle was road worthy in all respect except that in the rainy season there used to be leakage from the beading of the wind screen..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent - If a person willfully drives a motor vehicle into the midst of a crowd and thereby causes death to some person, it is not a case of mere rash and negligent driving - Act will amount to culpable homicide...........
Consumer Protection Act, 1986, Section 2(1)(f) -- Motor cycle - Manufacturing defect - Could not be rectified despite the efforts made by the petitioner dealer - Plea that manufacturers is responsible for the liability repelled - Dealer and manufacturer both liable - Petitioner dealer not arraying manufacturer as respondent though he was made party by complainant - In..........
Consumer Protection Act, 1986, Section 2(1)(f) -- Motor cycle - Manufacturing defect - Not rectified - Refund of price - Interest - Compensation - Held that once refund of price has been ordered, the Fora not justified in burdening the petitioner with interest on the said amount and award of compensation to the extent of Rs. 11,000/..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 2(22) , 2(35) , 2(47) -- Insurance claim - Transport vehicle - Driving licence - Maxi in question was a transport vehicle - The driver who was driving the vehicle was having licence for driving LMV only without there being any endorsement for driving transport vehicle - The insurance company..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 2(31) , 66(3) -- Insurance claim - Repudiation - Violation of the conditions of the policy of insurance - At the time of accident the vehicle was carrying 32 person whereas the carrying capacity of the vehicle was 20 - It was being plied to some other place for which it has no permit -..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 157 -- Insurance claim - Own damage claim - Section 157 applies to third party risk and not own damage claim - By the time the car met with accident the petitioner had not even applied for transfer of policy in his favour - He had no locus standi to file the complaint - Repudiation of claim..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 56 -- Insurance claim - Repudiation - Ground that at the time of accident the vehicle had no fitness certificate - The report submitted by the Surveyor nowhere mentioned that fitness certificate has anything to do with accident - Claim should be allowed on non - standard basis...........
Motor Vehicles Act, 1988, Section 149(2) -- Accident - Compensation - Driving licence - Validity of driving licence of driver of offending vehicle expired 2 months before the date of accident - Renewal of licence not applied within 30 days - Driver and owner liable to pay compensation - Insurance company not liable...........
