Motor Vehicles Act, 1988, Section 149 -- Accident - Liability of the insurer - Insurance company taking plea that licence of the driver of the offending vehicle was not valid at the time of accident - Held, if a licence is false, even a genuine renewal can't make a difference - An owner employing a person ought not to be said to be negligent in his conduct in not looking..........
Motor Vehicles act, 1988, Section 149(2), 166 -- Accident - Compensation - Liability of insurance company - Liability cast on the insurer on the ground that the driver of the bus was found to be responsible for accident - Insurance company raised challenge against the liability, contending that driver of the bus was not holding valid driving licence at the time of accident..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Liability fastened on Insurance Company - Insurance company contended that the driver of the offending vehicle was not possessing valid driving licence at the time of accident - Held, if the insured (owner) himself could not have participated in the fake or forged nature of the licence, then it cannot be stated that the..........
Motor Vehicles Act, 1988, Section 149(2) -- Insurance Company cannot arrogate to itself that it has a right of defence even on grounds outside the purview of S.149(2) of the Act...........
Motor Vehicles Act, 1988, Section 149(4) -- Insurer is liable even for violation of terms of the policy and grants to the insurer only a right of recovery - If there is a valid policy of insurance, then even a violation of terms of the policy cannot be a ground to defeat the right of the insured or the representative of deceased in a motor accident...........
Indian Penal Code, 1860, Section 148, 149, 324, 304 -- Part-I - Accused having formed themselves into an unlawful assembly, being armed with deadly weapons, caused hurt to `K' and assaulted `S' (deceased) who succumbed to his injuries - Evidence of `K' found credible - Mere fact that `K' did not mention the names of all the accused is no reason to disbelieve him as he was..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 427, 147, 148, 149, Arms Act, 1959, Section 3, 25 -- Bail - Offence u/ss 302, 307, 323, 427, 147, 148, 149 IPC & S.3/25 Arms Act - Third application - Main accused released on bail on second application - Looking to the accusation against the present petitioner, no useful purpose..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 341, 120B, 148, 149 -- Quashing of complainant - Sanction for prosecution - Prosecution was launched against complainant-respondent trying to trap his business partners by planting arms in their dicky - When they were called for investigation in pursuance to the FIR, his efforts to stop..........
Motor Vehicles Act, 1988, Section 147, 149(2) -- Accident - Compensation - Insurer's liability - Plea of fake or invalid driving license or disqualification of the driver for driving, are not themselves defences available to the Insurance Company and Insurance Company cannot be absolved from its liability to pay the quantum of compensation...........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Relevant factors - Held, factum of causing an injury or not causing an injury would not always be relevant where accused is sought to be roped in with aid of S.149 of the IPC - At same time, where animosity between parties is admitted with a series of murders and attempted murders inter se and..........
