Motor Vehicles Act, 1988, Section 149(2) -- Liability of insurer - Breach of policy condition - Insurance companies with a view to avoid their liability must not only establish the available defences raised in the said proceedings but must also establish `breach' on the part of the owner of the vehicle - Burden of proof wherefor would be on them - Court cannot lay down any..........
Criminal Procedure Code, 1973, Section 458 -- Vehicle seized in connection with offence under NDPS Act - Vehicle lying at Police station exposed to sun and rain - No use to keep the seized vehicle - No fruitful purpose will be served by detaining the vehicle for a prolonged period - Condition of the vehicle likely to deteriorate day to day affecting the cost of vehicle -..........
Indian Penal Code, 1860, Section 302, 120B, 302, 34 -- Deceased returning on a cycle with PW-15 - Bus driven by appellant rashly and ran over deceased - Other two appellants were in the bus and they conspired to kill deceased because of property dispute - PW 13 was 13 years of age, a student and was examined after 7 years of incident - While assessing evidence one has to..........
Motor Vehicles Act, 1988, Section 2(14),2(35),2(40),2(47),147(1),149(2) -- Death or bodily injury to a person travelling in goods vehicle as passenger - Held that the provisions of the Act do not enjoin any statutory liability on the owner of a vehicle to get his vehicle insured for any passenger travelling in a goods carriage and the insurer would have no liability..........
Motor Vehicles Act, 1988, Section 168,149 -- Compensation - Insurers' liability - Unliensed drvecident while driving scooter thugh driver having license to drive only light motor vehicle - Insurance company bound to satisfy the claim of the claimants - Cannot avoid liability by taking plea that the driver was unlicensed or did not have valid license - But can recover that..........
Motor Vehicles Act, 1988, Section 149 -- Insurance claim - Damage to vehicle due to mechanical defect - No fault of driver - Insurance Company cannot repudiate a claim made by owner of vehicle solely on ground that driver of vehicle did not hold a valid licence - Insurance Company cannot repudiate claim of appellant...........
Insurance claim -- Driving licence - Validity of - Truck with full of coke burnt while in motion in which driver also died - Repudiation of claim - Ground that driver of the truck having no valid driving licence at the time of accident - Policy says on fire accident for the losses OP to satisfy the claim of the owner of the vehicle - Fire and accident not disputed -..........
Criminal Procedure Code, 1973, Section 451 -- Vehicle - Superdari - Be given to the owner or an ostensible owner - Ownership is determined in whose name vehicle stands registered...........
Motor Vehicles Act, 1988, Section 166 -- Compensation - Goods vehicle - Travelling by injured/deceased in goods vehicle - Insurance company held not liable to pay compensation - Claimant entitled to claim compensation amount from the driver and owner of the offending vehicle jointly and severally...........
Insurance Act, 1938, Section 64UB -- Indian Motor Tariff, General Regulation 10 - Insurance policy - Transfer of Automatic to new owner/purchaser of second hand vehicle - Insurance claim - Repudiation - Ground that insured transferred the vehicle to another person and thus there was no insurable interest as, no information was given to the insurance company for transfer of..........
