Motor Vehicles Act, 1988, Section 39, 41, 44 -- Registration of vehicle - It is a post sale event - Obligation to get the vehicle register is of owner, whose name is to be mentioned in registration form along with relevant particulars of vehicle such as engine number and chassis number - Lawful possession with the right to use is permissible to be given to the intended..........
Sale of Goods Act, 1930, Section 4, 19, Motor Vehicles Act, 1988, Section 39, 41, 44 -- Sale of motor vehicle - Motor vehicle remains in the category of unascertained or future goods till its appropriation to the contract of sale by seller is occasioned by handing over its possession at or near office of registration authority in a deliverable and registrable state...........
Sale of Goods Act, 1930, Section 4, 19, Motor Vehicles Act, 1988, Section 39, 41, 44 -- Sale of motor vehicle - Seller or manufacturer/dealer is bound to transport the motor vehicle to the office of registering authority and only when it reaches there safe and sound, in accordance with statutory provisions, it can be said to be in deliverable state - Only then the property..........
Motor Vehicles Act, 1988, Section 166(2) -- Accident - Claim petition - Territorial jurisdiction of tribunal - Provision for territorial jurisdiction has to be interpreted consistent with the object of facilitating remedies for the victims of accidents - Hyper technical approach in such matters can hardly be appreciated - Jurisdiction of Tribunal is wider than civil Court..........
Motor Vehicles Act, 1988, Section 166(2) -- Accident - Claim petition - Territorial jurisdiction of tribunal - Claim petition can be filed at a place where insurance company, which is main contesting party, has its business - In such case, no prejudice is caused to any party and there is no failure of justice - High Court was not justified in setting aside award of..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Determination of income of deceased - Income tax return can be taken into consideration for assessing the income of deceased even without proving the same in accordance with law...........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Death of a qualified engineer, A-class contractor - Liability of insurer - Factum of insurance is admitted and insurer failed to prove any breach on the part of insured - After the death of deceased, his business would managed by his widow, as children of deceased are minor at that particular time - Contention of..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Collusion of truck and car - Rash and negligent driving by truck driver and had caused the accident proved on record - Death of car driver, a qualified engineer aged 44 years - Tribunal on the basis of income tax returns and after deducting the amount towards income tax and interest on FDRs, rightly held, that..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Deduction towards personal expenses - After deducting 1/3rd amount from total income of deceased towards personal expenses, annual loss of dependency to claimants of Rs.10 lacs has rightly held by Tribunal - No interference warranted in it...........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Total compensation - Keeping in view the age of deceased, his income, loss of love and affection, loss of estate, loss of consortium and funeral expenses, claimants are entitled to total compensation to the tune of Rs.1,40,40,000 along with 7.5% interest per annum from the date of filing of claim petition till..........
