Motor Vehicles Act, 1988, Section 170 -- Accident - Compensation - Appeal on the question of quantum - Additional evidence sought that claimants have falsely given evidence relating to the income status of the deceased - Held, such an evidence cannot be allowed to be brought on record - If there is a case of fraud in securing the award, that will be still a quite different..........
Industrial Disputes Act, 1947, Section 10, Punjab Cooperative Societies Act, 1961, Section 55 -- Alternative remedy - Reference - Jurisdictional bar - Res judicata - Plea that after exhausting the remedy under Rules, 1986 there was no occasion for the respondent - workman to seek reference u/s 10 of the ID Act repelled - Held that u/s 55 of the 1961 Act no dispute..........
Insurance claim -- Depreciation - At the time of insurance IDV value of the machine was accepted by the petitioners at Rs. 17,00,000/ - - After 9 months of the policy Surveyor while assessing valuation deducting 70% depreciation of the IDV on the ground that the machine was purchase in the year 2001 - Held that the petitioner - Insurance Company could only deduct..........
Medical negligence -- Surgery - Hysterectomy - The complainant has not examined any expert witness in support of her claim, whereas appellant - OPs have tendered affidavit of expert besides their own affidavits - The evidence of the OPs has gone un - rebutted for want of any expert evidence on behalf of the complainant - Doctor who had undertaken surgery is a qualified..........
Medical negligence -- Surgery - Hysterectomy - The complainant has not examined any expert witness in support of her claim, whereas appellant-OPs have tendered affidavit of expert besides their own affidavits - The evidence of the OPs has gone un-rebutted for want of any expert evidence on behalf of the complainant - Doctor who had undertaken surgery is a qualified..........
Insurance claim -- Repudiation - Convincing evidence produced by the petitioner - Insurance Company of serious breach of terms and conditions of the insurance policy by the Respondent, leading to the justifiable repudiation of his insurance claim by the petitioner - Order of the State Commission directing the petitioner to treat the claim as non - standard basis liable to..........
Consumer Protection Act, 1986, Section 2(1)(e) -- Consumer dispute - Plot/site - Auction purchase - Extension fee - Jurisdiction - The Consumer Forum has no jurisdiction to go into the correctness of demand of extension fee - It cannot be decided in the complaint filed by the complainant...........
Insurance -- Theft of vehicle - Delay of 5 months in informing insurance company - Breach of policy - No explanation given by respondent for unusual delay in informing appellant about incident despite of lodging FIR regarding theft of vehicle - In terms of policy issued by appellant, respondent was duty bound to inform it about theft of vehicle immediately after the..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - After approaching the higher forum - If before making review application superior Court had been moved for getting the self same relief, then application for review is not maintainable for the reason that for the self same relief two parallel proceedings before the two forums cannot be taken...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Suppression of material fact - Death within two years of the purchasing of policy - From the record it is established that in the proposal form the life assured had given wrong answers to the questions 11(a),(b),(e) and (i) - The declaration in the proposal..........
