Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Fake driving licence - Owner of truck is not an individual and is a company - Undisputedly, even if tort feasor is driver, liability for any negligence of driver rests on owner of vehicle, vicariously - There can be no suspicion raised merely because owner had produced..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Fake driving licence - Insurance company failed to bring out the absence of due diligence in employment of driver or entrustment of vehicle, to prove breach by insured - High Court had erred in finding that there was collusion between employer and employee merely for..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Testimony of Eye witness/PW2 - PW2 deposed that she was running a wayside fruit shop near the scene of occurrence, which has not been established by any document - She is thus, deemed to be a chance witness subject to strict scrutiny - PW2 stated that number of vehicle was noted by herself and daughter of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of Insurance Company - Deceased travelled in goods carriage after paying fare - Goods vehicle is not allowed to carry passengers, unless he is the owner of the goods carried therein or his authorised representative - Deceased who travelled in the goods carriage after paying fare, damages for his..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Owner of offending vehicle had fraudulently changed the validity dates of insurance policy - On the date of accident there was no insurance coverage and policy was not in operation - Such contention raised in review petition - Nothing was produced in main claim..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Compensation - Liability of insurance company - Driver of offending vehicle had no valid license on the date of accident and licence was not renewed - Insurance company was entitled to take a valid defence in that regard u/s 149(2)(a)(ii) of the Act, as driver of offending vehicle was not duly licensed, to avoid its..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Where a sale is void because of breach of mandatory auction provisions, S.47 CPC is an appropriate vehicle to impugn execution proceedings, more particularly where failure is intrinsic and affects the very competence of executing Court to cause transfer of possession or make an absolute sale...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Petitioner is registered owner of vehicle which is lying in possession of police since long - Condition of vehicle must be deteriorating - Vehicle released in favour of petitioner on superdaginama/surety bond...........
Indian Penal Code, 1860, Section 420, 406, 395, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Dispute pertaining to sale of motor vehicle by complainant to appellants and non-payment of remainder amount - Dispute is of civil in nature - Continuation of a dispute pertaining to payment of money and handing over of possession of motor vehicle, would be an..........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Identity of driver of offending vehicle not proved by prosecution - No RC of jeep was produced to link ownership or possession to accused - Omission of TIP, doubtful credibility of eye witnesses, implausibility of escape theory and that too without accused sustaining any injury in a serious..........
