Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Liability of insurance company - High Court not properly dealt with issue about whether liability to be borne by insurer, owner of vehicle (insured) or otherwise - There has been no analysis as regards the terms and condition of policy and its fundamental character - It is thus, appropriate to..........
Consumer Protection Act, 1986, Section 25, 27 -- Execution of award - Insurance contract - Export of goods from India through shipment - Rate of exchange - When decree is silent as to reckoning date of conversion of foreign currency into Indian rupees, it would first take place in accordance with contractual provision and thereafter if such explicit determination is not..........
Consumer Protection Act, 1986, Section 25, 27 -- Execution of award - Insurance contract - Export of goods from India through shipment - Rate of exchange - There is specific clause in the agreement executed between parties i.e clause 17 which deals with rate of exchange - Insurer was required to pay insurance claim in accordance with said Clause which says that currency..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Industrial Fire risk policy - Arbitration clause - Clause in policy specifically stated that if insurer disputed or not accepted liability, no difference or dispute shall be referred to arbitration - Insurance company repudiated the claim by denying to accept liability - No inference can..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Death of pedestrian - Rash and negligent driving of Tractor driver - Liability of insurer - Evidence on record that at the time of occurrence tractor involved in accident was being driven by driver-owner in rash and negligent manner - Independent eye witnesses supported said fact - FIR also discloses the very fact -..........
Motor Vehicles Act, 1988, Section 166, 149 -- Fatal accident - Compensation - Liability of insurance company - Deceased was travelling along with goods belonging to owner of offending vehicle - Death occurred due to rash and negligent driving of offending vehicle - Insurer obliged to satisfy compensation amount awarded to claimants - Since no is appeal filed by..........
Motor Vehicles Act, 1988, Section 14(2) -- Accident - Validity of driving license - Testimony of Registering authority solely based on register cannot be made basis of a finding that expiry date of license was 2003 - License would not have been issued for 5 years when driver was 37 years, but would be issued for a period of 20 years or 50 years of age whichever was earlier..........
Motor Vehicles Act, 1988, Section 147 -- Fatal accident - Liability of insurance company - Owner-cum-driver of offending vehicle produced a fake driving licence - Another licence produced by driver already expired before accident - Driver of offending vehicle did not depose in evidence and stayed away from witness box - He as owner had evidently failed to take reasonable..........
Consumer Protection Act, 1986, Section 12 -- Insurance - Condition precedent of medical examination - Acceptance of premium without medical examination - Condition stands waived on acceptance of premium - Insured informed after about 2-1/2 years that policy was not accepted - Rejection of policy must be made in a reasonable time - Enormous delay not reasonable - No reason..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Plea of insurance company that Tribunal cannot award compensation in excess of what was awarded in ex parte award - Plea held, not tenable as once an ex parte award has been set aside, it is set aside for all intents and purposes - It cannot be accepted that ex parte award fixed a bench mark for awarding..........
