Motor Vehicles Act, 1988, Section 173 -- Motor accident - Ownership of vehicle involved in accident - Insurance Certificate produced found to be a fictitious document - Documentary evidence as to ownership of vehicle not produced - Witnesses examined on behalf of the claimants did not utter even a single word as to ownership of vehicle involved in accident - In FIR nothing..........
Motor Vehicles Act, 1988, Section 147(5), 157(1)(2) -- Transfer of insurance policy - On transfer of vehicle - When a vehicle is transferred to another but policy is not transferred in the name of such person i.e., transferee, insurance policy is deemed to have been transferred to such transferee - Non compliance of Section 157(2) of the Act does not invalidate the..........
Motor Vehicles Act, 1988, Section 149(2)(a)(ii), 3 -- Licence to drive Light Motor Vehicle whereas vehicle involved in accident was heavy goods vehicle - Mere raising of such a plea is not sufficient - Nexus between accident and factum of driver not holding particular type of driving licence should be shown - Insurer has to prove that insured was guilty of negligence and..........
Motor Vehicles Act, 1988, Section 149, 168 -- Death of cyclist in an accident between lorry and cycle - Accident occurred due to rash and negligent driving of lorry - Plea taken of 'non use' of vehicle during relevant period - Certificate issued by RTO not indicating that RTO in fact verified that vehicle was in 'non use' on the relevant date - No evidence on record to..........
Civil Procedure Code, 1908, Section 115, Motor Vehicles Act, 1988, Section 168 -- Award of compensation under Motor Vehicle Act - Revision against such order - Maintainability - Plea that deceased was minor at time of accident and that Tribunal erred in applying multiplier method - No jurisdictional error of tribunal in applying such method however, pointed out - Award..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Motor Vehicles Act, 1988, Section 4(2) - Insurance claim - Driving licence invalid - The driver who was driving bus at the time of accident was issued licence contrary to provision of Section 4 of the 1988 Act when he was below 18 years of age and it was to `drive motor cycle without gear, motor cycle with gear and Light..........
Motor Vehicles Act, 1988, Section 149(2)(a)(ii) -- and proviso appended to sub-sections (4) and (5) - Driving licence - Defence by insurance company that the licence granted to the driver being for one class of description of vehicle but the vehicle involved in the accident was of different class of description hence it is not liable - Held that if on facts it is found..........
Motor Vehicles Act, 1988, Section 163A -- Deceased driver of motor vehicle - Owner and Insurance Company are liable to pay compensation under 'no fault liability' where accident takes place 'arising out of the use of motor vehicle...........
Motor Vehicles Act, 1939, Section 95, 110B, 110D -- Accident - Death of bachelor, income-tax payer, aged 27 years - Insurer not charging additional premium to cover unlimited liability - Income of deceased in view of future prospects of his career assessed at Rs.1875/- p.m. and dependency fixed at Rs.1250/- p.m. - Multiplier of 15 applied - Rs.15, 000/- awarded for pain..........
Motor Vehicles Act, 1988, Section 140, A.P.Motor Vehicles Rules, 1989, Rule 415, 417 -- No fault liability - While boarding bus in motion claimant fell down and left front wheel of bus ran over hand and claimant suffered permanent disability by way of amputation of hand - Mounting and taking hold of vehicle in motion prohibited by Rules 415 & 417 - Accident occurred due to..........
