Motor Vehicles Act, 1988, Section 168 -- Additional Evidence - Revision petition against order passed by MACT, whereby application filed by claimant seeking permission to lead additional evidence dismissed - Taking into consideration the fact that in the claim petition particulars of the FIR were given and Registration number of the vehicle was also mentioned, examination..........
Motor Vehicles Act, 1988, Section 168, 140, 147 -- Accident - Compensation - Negligence - Appellant, while driving motor vehicle on fateful day, met with an accident because of oil spill on the road - Held, negligence can be attributable only on the person who was driving vehicle - Not entitled to compensation under insurance policy - High Court was justified in invoking..........
Motor Vehicles Act, 1988, Section 166, 168 -- Women having 30 weeks old pregnancy suffered blow on her stomach in motor accident, resulting in death of unborn child - Tribunal awarded consolidated sum of Rs.50, 000/- towards loss of child and Rs.10, 000/- towards pain and suffering - In appeal, High Court enhanced compensation by awarding consolidated sum Rs.1, 80, 000/-,..........
Motor Vehicles Act, 1988, Section 168(1), 166 -- Accident - Permanent disability - Affecting earning capacity - Compensation on account of permanent disability has also to be awarded in addition to award of compensation determined on various aspects including permanent injury/disability...........
Motor Vehicles Act, 1988, Section 168(1), 166 -- Accident - Permanent disability - Affecting earning capacity - Partial loss of eye sight and amputation of one finger of right hand - Complainant was working as Foreman at the relevant time and suffered loss of income - Complainant is entitled to compensation on account of permanent disability in addition to compensation on..........
Indian Penal Code, 1860, Section 168 -- Treatment of patients by a doctor cannot by itself by held to be engagement in a trade - S.168 IPC is not attracted...........
Motor Vehicles Act, 1988, Section 168, 176(6), Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 3, 137, Motor Vehicle Rules, 1989, Rule 10, 19 -- Accident - Claim petition - Procedure to be adopted in recording evidence - Held, not mandatory to adopt procedures provided in Civil Procedure Code - Tribunal can adopt summary procedure and dispense..........
Motor Vehicles Act, 1988, Section 166, 168 -- Motor Accident - Proof of - Claim petition filed after four months of accident - Held, claim petition cannot be rejected on this ground - In road accident claim, the strict principles of proof in a criminal case are not attracted - Claimants are merely to establish their case on the touchstone of preponderance of probability...........
Motor Vehicles Act, 1988, Section 2(30), 50, 168 -- Compensation - Liability of owner - 'J' who was registered owner of the vehicle sold it to 'S' - Neither of them took any step for change of the name of the owner in the certificate of registration of the vehicle - Held that 'J' must be deemed to continue as the owner of the vehicle for the purpose of the Act even though..........
Motor Vehicles Act, 1988, Section 168 -- Accident claim petition - Issue of maintainability of petition - Cannot be decided as preliminary issue - Tribunal is required to decide all issues one way or the other in one go while deciding the claim petition...........
