Central Civil Service (CCA) Rules, 1985, Rule 11, 16 -- Recovery from salary - During the course of employment as Driver the vehicle driven by petitioner met with an accident - In claim petition before MACT an Award passed for a sum of Rs. 13,39,268/ - - On the basis of Award letter written by Secretary (Health) Government of H.P. requested respondent No. 2 to make..........
Motor Vehicles Act, 1988, Section 66(3) -- MACT claim - Compensation - Insurers liability - Burden of proof - Owner - cum - driver remained ex parte - Established that the vehicle was comprehensively insured with the insurer to cover the passenger risk - The burden to prove that it was not liable in spite of such a policy, shifted to the insurer - Not for the claimants to..........
Punjab Civil Services ( Punishment and Appeal) Rules, 1970 -- Minor punishment - Recovery from pay - Pecuniary loss caused by Government employee - Award of Rs. 2,49,000/ - by MACT in accident claim against State in which petitioner found negligent in driving the State department vehicle - Instructions issued by respondent directing recovery of 1/3rd share of Rs, 83,200/ -..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 165 -- Compensation - Death of the owner - cum - driver and cleaner of the insured vehicle - On non settlement of claim by Insurance Company complaint filed by LRs in District Forum - Held that seeking compensation for death and injury, the claimants have to approach MACT in their State - The..........
Motor Vehicles Act, 1988, Section 166, Civil Procedure Code, 1908, Section 151 -- MACT awarded compensation of Rs. 25000/- on account of permanent disability - Application for release of entire amount - Partly allowed - Order challenged. - Amount required by the petitioner for installation of submersible pump in his fields - Need seems to be genuine - Entire amount of..........
Civil Procedure Code, 1908, Section 60(1)(c), Punjab Land Revenue Act, 1887, Section 67, Motor Vehicles Act, 1988, Section 174 -- Attachment of residential house in execution of award passed under Act of 1988 - Motor Accident Claims Tribunal awarded compensation - Execution of award - Objections filed contending that award cannot be executed in respect of only residential..........
Insurance claim Repudiation -- Driving licence - Plea by insurer that it was found fake after verification - Matter in issue settled in the MACT claim fifed by one claimant against the appellant which was not challenged - In the present case if would certainly preclude the appellant from now questioning the licence in question of the driver being fake...........
Consumer Protection Act, 1986, Section 2(1)(c) -- Complaint -Maintainability - Claim petition before MACT pending - Cause of action therein was with regard to rash and negligent driving by the driver of the other vehicle by which accident was caused - Cause of action against the doctors or the hospital is for deficiency in rendering service or treatment by the hospital and..........
Motor Vehicles Act, 1988, Section 168 -- Compensation - MACT - Deceased an agriculturist aged 45 years earning Rs.3000/- p.m - His family comprised of aged mother, widow and five sons - Findings of the MACT that deceased was spending Rs.1,500/- on himself held to be on higher side - Reasonable to hold that he was contributing to family Rs.2,500/- per month - Multiplier of..........
Motor Vehicles Act, 1988, Section 1, 163A -- Motor Vehicles (Operation of Commercial Traffic between India and Contiguous Countries) Rules, 1963, Rule 4 - Compensation - Motor Vehicles accident - Territorial jurisdiction - MACT - Accident of the bus in question registered in India in which persons travelling were all citizens of India took place in the territory of Nepal -..........
