Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of claim petition filed u/s 163-A of Motor Vehicle Act - In original petition, income alleged Rs.5, 000/- p.m. - Amendent sought to plead income less than Rs.40, 000/- p.a. - Tribunal relying on Deepal Girishbhai Soni's case, AIR 2004 SC 2107 declined amendment - Judgment not applicable - Amendment permitted with..........
Motor Vehicles Act, 1988, Section 167, 143, 147, 149, Workmen's Compensation Act, 1923, Section 2(n), 23 -- Death of deceased in an accident while driving a tractor belonging to his wife - Claim petition filed under Workmen's Compensation Act claiming deceased as `workman' employed by his wife, owner of vehicle - No contract of employment produced - Even as to for what..........
Consumer Protection Act, 1986, Section 2(1),(g), Motor Vehicles Act, 1988, Section 157 -- Insurance claim - Vehicle sale - Theft of vehicle - Repudiation of claim on the ground that since insurable interest not transferred in the name of purchaser he was not entitled for benefit of policy - Plea that under Section 157 of the Motor Vehicles Act only third party interest are..........
Consumer Protection Act, 1986, Section 2(1),(g), Motor Vehicles Act, 1988, Section 157 -- Insurance claim - Transfer of vehicle - It is only in respect of third party risk that Section 157 of Motor Vehicles Act is applicable - The certificate of insurance together with the policy of insurance shall be deemed to have been transferred in favour of the person to whom the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased 33 years of age - Claimants widow and minor children - Deceased earning Rs.8000/- by driving a taxi and had agricultural income also - Compensation of Rs.8,16,000/- awarded by applying multiplier of 17 and taking monthly income to be Rs.4000/- in absence of definite material to show actual income -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Mother claimant - Deceased only daughter of parents - Deceased not contributing to the household expenses - Taking into age of claimant and monthly income of deceased and other relevant factors like loss of love and affection, mental shock etc. compensation of total sum of Rs.5 lacs awarded payable with..........
Consumer Protection Act, 1986, Section 2(1)(e) -- Insurance claim - Fall of houses of three persons in accident by the truck of the complainant-respondent - Payment of Rs.17,500/- made to them - This will not amount to consumer dispute - This will fall within the jurisdiction of the Motor Vehicles Claims Tribunal - State Commission held to have erred in allowing this part..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Motor Vehicles Act, 1988, Section 88(11) - Insurance claim - Insurance policy - Breach of condition of policy - Vehicle having `Permit' for sitting capacity of 19 passengers - At the time accident it was carrying 35 passengers - There is a gross violation of the terms of the policy and the provisions of the Law - The..........
Insurance claim -- Motor Vehicle - Could not be used for carrying passengers except employees (not exceeding 6) - More than 60 passengers were being carried - Vehicle met with accident - Death of 20 persons - Not a case where the complainant-respondent was not aware of carrying passengers - No deficiency in repudiating the claim - Order allowing complaint set aside...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Indian Motor Tariff claim, GR 17 - Insurance claim - Transfer of policy after the accident but from the inception of policy in favour of respondent without any objection - Insurance Company cannot repudiate or refuse the claim of the respondent on the ground that on the date of accident he had no insurable..........
