Indian Penal Code, 1860, Section 279, 337, Motor Vehicles Act, 1988, Section 187 -- Accident - Rash and negligent driving - Collusion between bus and truck - No material on record to pinpoint the exact place, where accident had taken place - Some part of bus appeared to be lying on the road in photographs - But, site plan does not show location of these parts and distance..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Income of deceased - Deceased was a homemaker - Her direct and indirect monthly income in no circumstances could be less than wages admissible to a daily wager under Minimum Wages Act...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was a homemaker - Monthly income of deceased at the relevant time, could not be less than Rs.4000 p.m or so - However, instead of calculating compensation under different heads and also keeping in mind the fact that claimants and respondents are closely related, delinquent vehicle was not insured,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Amount received as Compassionate Assistance to Dependents of deceased Govt. employees owing to sudden death of the employee in harness for any reason whatsoever including as a result of road traffic accident has to be deducted from compensation awarded under Motor Vehicles Act...........
Indian Penal Code, 1860, Section 304A, 337, 338 -- Death by rash and negligent driving - Incident occurred due to breakage of pin attached in between the tractor and trailer, trailer was separated from tractor which resulted into the incident - No evidence on record that there is negligence on the part of driver for damage of pin - Opinion regarding mechanical defect of..........
Consumer Protection Act, 1986, Section 17(b) -- Territorial jurisdiction of State Commission - Accident - Damage to car - Accident has occurred at Gurgaon - However, insurer as well as dealer were carrying on business from their offices in Delhi - State Commission at Delhi has territorial jurisdiction to entertain complaint...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Delay in providing intimation to insurer - Car accident - Accident took place on national highway - Owner immediately requested dealer to shift the vehicle to their garage - Finding of fact recorded by State as well as National Commission that dealer immediately informed the insurer - Moreover,..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Discrepancies about the manner in which accident happened - Accident happened is not disputed - It is not the case of insurer that there was any negligence on the part of driver of car - Even, it is not the case of insurer that any of general or specific exceptions in the policy of insurance apply..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Car accident - Damage to car - Compensation - There was constructive total loss to vehicle - Extensive damage caused to vehicle - Liability of BMW under BMW secure was to pay the actual difference between Insured Declared Value (IDV) of insured vehicle and current ex-showroom price of new vehicle..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Compensation - Liability of insurance company - Driver of insured vehicle possessed fake driving licence at the time of accident - It is not open for insurance company to cite failure of deceased vehicle owner to get driver's driving licence checked with RTO as a reason to disclaim liability under insurance policy - Even,..........
