Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Motor Vehicles Act, 1988, Second Schedule - Boat ride - Deficiency in service - Boat capsized - Compensation - Minor girls - For death of minor girls instead of Rs.1,50,000/- as calculated in case of non earning minor, State Commission awarded either Rs.50,000/- or 60,000/- on the assumption that after marriage,..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 126 -- Insurance claim - Repudiation - Vehicle in question became stationary and immobile due to breakdown of axle - Hit by a vehicle even though it was in its extreme left of the roadside - Under second part of S.126, the vehicle was not in such a condition that it could not have been..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Motor Vehicles Act, 1988, Ss.2(21), 2(33) and 2(47) - Light Motor Vehicle - Tata sumo - Insurance claim - Repudiation - Ground that Tata Sumo would fall in the definition of transport vehicle whereas the driver had licence to drive car and scooter - The vehicle was a private vehicle and used for the private purpose by owner..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 157(1) -- Insurance claim - Repudiation - Transfer of certificate of Insurance - Even though the insured has transferred the policy to the name of the complainant/transferee on 17.07.2003, the transfer of policy takes effect from the date of transfer of the vehicle i.e. 03.06.2003 - The..........
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..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Two vehicles involved - Tribunal held both vehicles liable to pay compensation amount in equal share - One vehicle owner filed appeal - High Court upheld award but directed that entire amount was to be paid by appellant - High Court not indicated any reason for directing appellant to pay the entire amount of award -..........
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..........
Motor Vehicles Act, 1988, Section 149(2), 166 -- Accident - Compensation - Vehicle used as Taxi - Driver holding driving licence to drive light motor vehicle - By driving commercial vehicle it was breach of condition of insurance - Owner is liable to make the compensation - Keeping in view the peculiar facts and circumstances of the case Insurance Company to make payment..........
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 - 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..........