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..........
Motor Vehicles Act, 1988, Section 157 -- Accident - Liability of insurance company - Admittedly, amount deposited on 15.03.2013 - Therefore, it is irrelevant that policy has been made effective form 16.03.2013...........
Motor Vehicles Act, 1988, Section 157 -- Accident - Vehicle damaged on same day of paying requisite fee for transferring of insurance policy in name of new owner after obtaining registration certificate - Liability of insurance company - As per insurance company accident occurred the day before insurance cover was to start - However, respondent purchased the truck and got..........
Motor Vehicles Act, 1988, Section 157 -- Accident - Liability of insurance company - Once policy has been issued right of action will lie in damages even if Development officer, who is an agent of insurance of company does not deposit amount to insurance company...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Driving licence - Plea of the insurance company that the insured is guilty of committing breach of terms and conditions of insurance constituting a defence u/s 149(2) of the Act - Plea held not tenable as driver was holding a valid license with authorization to drive the vehicle in question...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Driving licence - Recovery rights of insurance company - In absence of privity of contract between the driver and insurer, the insurance company otherwise cannot be allowed recovery right against the driver ...........
Motor Vehicles Act, 1988, Section 147 -- Accident - liability of insurer - Merely producing a valid insurance certificate in respect of offending vehicle not enough for owner of offending vehicle to make insurance Company liable to discharge his liability arising from rash and negligent driving by driver of his vehicle - Insurance Company can be fastened with liability on..........
