Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Plea of contributory negligence - No such plea of contributory negligence was raised by driver or registered owner of vehicle in their reply to petition - As appellant and driver of vehicle denied accident having taken place with offending vehicle, it is not open for them to raise a plea of contributory negligence..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Plea of contributory negligence - Mere fact that tractor attached with trolley directly hit motorcycle of deceased is not at all sufficient to contribute negligence to driver of motorcycle on which deceased was a pillion rider - Plea of contributory negligence held, rejected...........
Motor Vehicles Act, 1988, Section 157 -- Accident - Liability of insurance company - Admittedly, amount deposited on 15.03.2013 - Therefore, it is irrelevant that policy has been made effective form 16.03.2013...........
Motor Vehicles Act, 1988, Section 157 -- Accident - Vehicle damaged on same day of paying requisite fee for transferring of insurance policy in name of new owner after obtaining registration certificate - Liability of insurance company - As per insurance company accident occurred the day before insurance cover was to start - However, respondent purchased the truck and got..........
Motor Vehicles Act, 1988, Section 157 -- Accident - Liability of insurance company - Once policy has been issued right of action will lie in damages even if Development officer, who is an agent of insurance of company does not deposit amount to insurance company...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Compensation - Dismissal of claim petition - On the ground that minor who was driving the vehicle was not impleaded as party - When mother of minor was a party to a claim petition, claim petition cannot be dismissed only on the ground that minor was not a party - Matter remanded back to Tribunal for fresh decision..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Driving License - Initially driving license issued was for LMV but later got endorsed - Held, there is no such classification of vehicles or licenses LMV transport or HTV transport, rather, classification of vehicles as medium goods vehicle, medium passenger motor vehicle, heavy goods vehicle and heavy passenger..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Driving licence - Plea of the insurance company that the insured is guilty of committing breach of terms and conditions of insurance constituting a defence u/s 149(2) of the Act - Plea held not tenable as driver was holding a valid license with authorization to drive the vehicle in question...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Driving licence - Recovery rights of insurance company - In absence of privity of contract between the driver and insurer, the insurance company otherwise cannot be allowed recovery right against the driver ...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claim by widow and children of deceased - Deceased fell down from bus while boarding it because driver moved the bus before whistle of conductor - Prosecution witnesses stating that deceased was co-worker and co-passenger who was waiting for bus along with them - Claimant's version clearly corroborated by..........
