Insurance claim -- Car accident - Consequential loss - Damage to engine - According to conditions of insurance after accident the insured would take all reasonable steps to safeguard the motor car from the loss or damage and car shall not be left unattended and shall not be driven before proper repairs - Complainant husband took back the vehicle to Nagpur on finding that..........
Motor Vehicles Act, 1988, Section 168 -- Compensation - Determination of quantum - Lorry ran over pillion rider causing her death who was a lady of 30 years of age and only bread earner of her family - Her income was Rs. 3,000/ - - MACT dismissed the claim and awarded a sum of Rs.50,000/ - under no fault liability - Negligence held proved against the lorry driver -..........
Motor Vehicles Act, 1988, Section 168 -- Compensation - Agricultural income - Deceased an agriculturist aged 25 years - No evidence to substantiate claim of having agricultural income of 4 acres of land - There was no evidence that he was having any income from sale of milk or cattle - Award of compensation of Rs. 6.5 lacs presuming income of Rs.4500/ - by Tribunal and..........
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...........
Consumer Protection Act, 1986, Section 2(1),(e), Motor Vehicles Act, 1988, Section 14(2),(a) -- Central Motor Vehicle Act, 1989, Rule 9 - Insurance claim - Repudiation - Ground that licence for driving licence heavy vehicle but did not have endorsement as required by proviso to Section 14(2) (a) of the M.V. Act for driving oil tanker carrying hazardous goods - The driver..........
Consumer Protection Act, 1986, Section 2(1),(e), Motor Vehicles Act, 1988, Section 2(21) -- Insurance claim - Repudiation - Ground that driver of the concerned vehicle not having driving licence to drive light motor vehicle - Concerned Maruti Omini van having eight seats and Light Motor Vehicle (Transport Vehicle) - Driver who was having licence to drive car/jeep/scooter/..........
Motor Vehicles Act, 1939, Section 92A,110 -- Motor Vehicles Act, 1988, Section 166(3) - Compensation claim - Limitation - Accident took place on 20.7.1983 - Claim filed before MACT on 11.10.1984 - Findings of the Tribunal that the claim petition filed beyond period of limitation held not maintainable - Appeal filed in 1985 taken up in 2003 after coming into force of 1988..........
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...........
Motor Accident -- Claim - Deceased travelling in auto-rickshaw - Hit by bus of appellant Corporation - Claim for compensation filed jointly against owner and insurer of auto-rickshaw and owner and insurer of bus - Plea that Insurance Company was not liable not raised before the Claims Tribunal - Cannot be allowed to be raised for the first time in appeal before High Court...........
