Motor Vehicles Act, 1988, Section 168 -- Accident - Claim petition - Deceased travelling in goods vehicle as passenger - Insurer not liable to pay compensation - Insurance Company directed to satisfy the award and then recover the same from the owner of the vehicle...........
Consumer Protection Act, 1986, Section 12 -- Life Insurance Policy - Insurance on 21.8.1995 but dated back to 28.4.1995 - Death of insured on 2.8.1996 - Renewal premium was payable within one year or within grace period of one month thereof - Material date is date of policy and not date of paying first premium - When renewal premium is not paid within time then policy..........
Evidence Act, 1872, Section 63, 65, 65B -- Secondary evidence - Telephone Call records of Mobile - Absence of certificate u/s 65 B - Whether fatal - Held No - Secondary evidence means and includes, among other things, 'copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies' - Section..........
Motor Vehicles Act, 1988, Section 149(2)(a)(ii) -- Driving licence - Validity of - Liability of insurer - Plea of fake/invalid driving licence - Insurance company not leading any evidence to prove that the insured was guilty of any negligence and failed to exercise reasonable care in fulfilling the condition of policy regarding the use of vehicle by a duly licensed driver..........
Motor Vehicles Act, 1988, Section 149 -- Driving licence - Validity of - Liability of insurer - Contention of insurance company that the records pertaining to the driving licence was not available in the computer of Licensing Authority accepted by the Tribunal and absolved it from liability - Held that to show that the record is not available is not sufficient - It is..........
Motor Vehicles Act, 1988, Section 149 -- Driving licence - Genuineness of - An owner of a vehicle can only verify about the driving licence of the driver by seeing the stamp of the Regional Transport Authority on the driver licence - Owner has no other mean to verify the genuineness of a driving licence - Once an employer employs a driver after proper care, then the..........
Consumer Protection Act, 1986, Section 12, 17, Insurance Act, 1938, Section 64 -- Insurance Claim - Fire in godown - Surveyor's report based on police investigation supported claim of insured that fire was caused by short circuit of electricity - Insurance company engaged private investigating agency who reported that fire may be arson or deliberate attempt to make..........
Insurance Act, 1938, Section 64 -- Report of private investigating agency - Insurance Company should be given an opportunity to prove such investigation report and S.64 UM does not stand in the way of the Insurance Company in establishing that the claim was a fraud on the company, or that it was a case of deliberately causing a fire so as to lay the foundation for an..........
Insurance claim -- Deficiency in service - Loss of leather due to fire and water - First Surveyor assessed loss at Rs.28,41,854/- against claim for Rs.33,48,662/- - Second Surveyor appointed, who assessed the amount very low - The Insurance Company has finalized the case after three years and nine months after the occurrence of loss and after complaint was filed before..........
Consumer Protection Act, 1986, Section 2 -- Insurance claim - Tree under which car was parked fell on the car and extensive damage caused - Insurance Company repudiated the claim as it was not covered by the policy as the loss was caused due to a storm as stated in the complaint - Difference of opinion amongst members of the District Forum - State Commission held the claim..........
