Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Fake driving licence - Owner of a vehicle employing a driver can only look at licence produced by person seeking employment and is not expected to verify from licence issuing authority whether licence is fake or not...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Fake driving licence - Owner of truck is not an individual and is a company - Undisputedly, even if tort feasor is driver, liability for any negligence of driver rests on owner of vehicle, vicariously - There can be no suspicion raised merely because owner had produced..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Fake driving licence - Insurance company failed to bring out the absence of due diligence in employment of driver or entrustment of vehicle, to prove breach by insured - High Court had erred in finding that there was collusion between employer and employee merely for..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Principle of pay and recover is adopted even in case of no valid licence...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Testimony of Eye witness/PW2 - PW2 deposed that she was running a wayside fruit shop near the scene of occurrence, which has not been established by any document - She is thus, deemed to be a chance witness subject to strict scrutiny - PW2 stated that number of vehicle was noted by herself and daughter of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Once remedy under Motor Vehicles Act was elected to be pursued by claimant and Tribunal adjudicated and fixing income, falling back upon parameters under Workmen's Compensation Act, was not permissible...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Non-adding of future prospects - Appellant did not file any appeal to challenge the judgment and order of Tribunal - It was insurance company who approached High Court - Therefore, it would not be permissible for Supreme Court to go into the ground of non-adding of `future prospects' raised by appellant and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income - Minimum wages cannot be determined on the basis of educational qualification alone without reference to nature of work carried on...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Appellant was 20 years old at the time of accident - Multiplier of 18 as applied by High Court held, proper considering Pranay Sethi case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of claimant - Appellant was a final year B.Com student who had also enrolled with Institute of Chartered Accountants at the time of accident - Even if he had not obtained certificate as a Chartered Accountant upon graduation, he could have been employed as an Accountant, who would..........
