Insurance claim -- Driving licence - Validity of - Truck with full of coke burnt while in motion in which driver also died - Repudiation of claim - Ground that driver of the truck having no valid driving licence at the time of accident - Policy says on fire accident for the losses OP to satisfy the claim of the owner of the vehicle - Fire and accident not disputed -..........
Motor Vehicles Act, 1939, Section 110 -- Motor accident - An employer cannot be held to be vicariously liable for the negligence of claimant driver himself...........
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...........
Insurance claim -- Repudiation - Theft of vehicle - Insurance Company contending that claim was not covered under the policy as the insured vehicle was not stolen but the driver of the insured disappeared with the vehicle of which FIR was lodged by the respondent at Police Station on which a case u/s 408 IPC was registered - Contention repelled - Insurance Company held..........
Motor Vehicles Act, 1939, Section 110D -- Compensation - Deposition of police officer that claimant made statement that he had fallen on the road and sustained injuries - Findings by the Tribunal that accident happened on account of the fault of the claimant - Nature of injuries revealed that they could not be caused in the manner suggested but were the result of a direct..........
Motor Vehicles Act, 1988, Section 149 -- Motor accident - Liability of Insurance Company to a third party when licence of driver is fake - In order to avoid liability it is not sufficient to show that the person driving at the time of accident was not duly licensed - Insurance Company must establish that the breach was on the part of the insured...........
Computer -- Defective Floppy Disk Drive - Floppy Disk driver an external gadget purchased as an accessory and not as integral part of the computer - In the absence of any proof that there is any defect or problem in the use of computer, complainant held not justified in claiming the replacement of the computer - Belated offer of OP Nos.2 and 3 to rectify the defect or..........
Insurance claim -- Maruti omni van - Accident of - Repudiation - Ground that driver was holding licence for driving Scooter/Motor Cycle/Car/Jeep only which did not authorize him to drive Maruti Omni Van - Held that legal position has been well settled that the Maruti Omni Van being included in the light motor vehicles and a person holding a licence to drive the light motor..........
Insurance claim -- Vehicle damaged in accident - Claim allowed by District Forum - Contention that insured did not produce the driving licence of the driver as well as the registration certificate - Xerox copy of the two documents so required by the Company are in the record - No necessity for the complainant to prove these two documents by the original ones - Claim of the..........
Hire purchase agreement -- Non payment of instalments - Taking forcible possession of vehicle - General guidelines issued viz (a) The finance companies must inform the hirers regarding the details of instalments due and payable by a written communication; (b) Even before repossession another written notice must be sent to the hirers and only thereafter the vehicles be..........
