Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 2(16), (47), 3, 10(2) -- Insurance claim - Driving licence - Plea that driver was having driving licence to drive `heavy goods vehicle' and not having endorsement for driving `transport vehicle' - Held that if a driver is entitled to drive the `heavy goods vehicle' he is entitled to drive the..........
Civil Procedure Code, 1908, Order 21, Motor Vehicles Act, 1988, Section 149, 163A, 166 -- Liablility of insured vis-a-vis insurer - How to be enforced - Breach of terms of insurance policy - Tribunal awarded compensation - Fake driving licence - Insurance company paid compensation to claimants - Filed execution against owner for recovery of compensation paid - Objections..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased 36 years of age earning Rs.2300/- per month - Multiplier of 22 adopted on ground that deceased had 22 years of service left - Held, considering age of deceased multiplier would be 13 - Loss of dependency assessed at Rs.2000/- per month (after adjusting for personal expenses and likelihood of..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Motor Vehicles Act, 1988, Sections 2(21), 2(47), 3(1) and 10(2) - Insurance claim - Repudiation -Driving licence - Invalidity - Plea that Licence of the driver for Light Motor Vehicle whereas he was driving Transport vehicle without having endorsement for driving the type of vehicle repelled - Held that the driver who was..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Motor Vehicles Act, 1983, Sections 14 and 15 - insurance claim - Repudiation on ground of invalidation of Driving licence - License of driver expired on 12.04.1996 -Accident took place on 14.05.1996 - Even if benefit of 30 days from 12.04.1996 is given, in case he had applied for renewal of license even then on the date of..........
Insurance claim -- Marine insurance policy - Seaworthiness of vessel - Plea of OP that the vessel was not sea worthy as the consignment was sent by sailing vessel (country craft) and not by ocean going motor vessel repelled - The name of the vessel is specifically mentioned in the insurance policy and Insurance Company was aware of the nature of the vessel - Defence of..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Motor Vehicles Act, 1988, Section 157 - Indian Motor Tariff, GR 17 - Insurance claim - `Own damage' - Car purchased by respondent from `R' - The insurance remained in the name of `R' despite the transfer of vehicle in the name of respondent - No privity of contract between appellant and respondent - Respondent not entitled..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Motor Vehicles Act, 1988, Section 157(2) - Insurance claim - Repudiation - On ground that on the date of accident insurance policy not transferred from the transferor to transferee - Application for transfer of policy made by the complainant with in the time prescribed - If the insurance company takes its own time in..........
Consumer Protection Act, 1986, Section 2(1)(g), 14((1)(d) -- Motor Vehicles Act, 1988, Section 14(2)(b)(ii) - Insurance claim - Repudiation - Driving licence - Non-renewal - Accident occurred within 7 days from the date of the expiry of licence - Statutory direction contained in proviso to Section 14(2)(b)(ii) of 1988 Act would be applicable - Insurer cannot avoid..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Motor Vehicles Act, 1988, Section 157 - Insurance claim - Transfer of vehicle -Transferee - Own damage claim - Policy not transferred - Only in respect of third party risk that the Section 157 of the MV Act is applicable - There must be a separate agreement between the insurer and the transferee to cover the risk or damage..........
