Criminal Procedure Code, 1973, Section 451, 457, Motor Vehicles Act, 1988, Section 158(6) -- Seized vehicles - Release - In addition to the directions issued by Supreme Court in Sunderbhai Ambalal Desai case further directions issued viz : (A) Insurer may be permitted to move a separate application for release of the recovered vehicle as soon as it is informed of such..........
Criminal Procedure Code, 1973, Section 451, 457, Motor Vehicles Act, 1988, Section 158(6) -- Seized vehicles - Release - All the State Governments/Union Territories/Director Generals of Police shall ensure macro implementation of the statutory provisions and further direct that the activities of each and every police stations, especially with regard to disposal of the..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Motor Vehicles Act, 1988, Section 84, 39, 56, 59, 60, 66, 149(2)(a)(i) -- Insurance claim - Repudiation - On the ground that Taxy cab had seating capacity of six but at the time of accident it was having 8 passengers and secondly the vehicle which was registered as Transport vehicle was not having fitness..........
Motor Vehicles Act, 1988, Section 140 -- Motor Vehicle Accident - Compensation can even be claimed when deceased died of his own fault - The only requirement is that deceased died of a motor vehicle accident...........
Motor Vehicles Act, 1988, Section 166 -- Deceased himself driving vehicle involved in the accident and died of his own negligence - The maxim volenti non fit injuria applies...........
Motor Vehicles Act, 1988, Section 166, 170 -- Accident - Claim petition - Factum of accident not depicted in DDR - Not the sole factor for deciding claim petition - Tribunal being a civil court is to decide the case on the basis of evidence brought before it - Once evidence qua accident went unrebutted, merely because the factum of accident was not depicted in the DDR,..........
Motor Vehicles Act, 1988, Section 166, 170 -- Accident - Claim petition - Driver of offending vehicle alleged to be negligent - Denied in written statement - Driver of offending vehicle not appearing in the witness box - Factum of accident admitted in written statement - Petition allowed...........
Motor Vehicles Act, 1988, Section 166, 173 -- Accident - Compensation - Bus driven in a rash and negligent manner, without blowing horn, hit the scooter from behind - Death of scooterist on spot - Pillion rider fell down and sustained injuries - Tribunal awarded compensation of Rs.4 lacs - High Court reduced compensation to Rs.75, 000/- by holding that possibility is that..........
Motor Vehicles Act, 1988, Section 147(5), 149(1), 168, 174 -- Insurance Company directed to pay amount of award to claimants and to recover the same from owner of the offending truck - This direction is proper and is in accordance with the provisions Ss.147(5) and 149(1) of the Act - Insurance Company can file application before Executing Court under S.174 praying for..........
Motor Vehicles Act, 1988, Section 166(3), Limitation Act, 1963, Article 113 -- Accident - Claim petition - Limitation - After omission of S.166(3) there is no limitation for filing claim petition - S.166(3) of the Act was in force at the time of accident but not when claim petition was filed - Claimants, rustic villagers in remote area, could not file claim petition..........
