Motor Vehicles Act, 1988, Section 14, 166 -- Accident - After expiry of learner`s license and before issuance of regular license - Liability of insurance company - Since, both the licenses cannot be treated at par for the purpose of continuity of the effect of validity of license after expiry of their validity period, therefore, continuity of effectiveness of the learner`s..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased one of the three riders on a motor cycle - May be violation of law but such violation not contributory negligence unless it is established that his very act of riding along with two others, contributed either to the accident or the impact of the accident upon the victim...........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Deceased one of three riders on a motor cycle - Contributory negligence - In absence of any evidence to show that wrongful act on part of deceased contributed either to accident or to nature of injuries sustained, deceased could not have been held guilty of contributory negligence - Reduction of 10%..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased 23 years of age at the time of accident, employed and getting salary of Rs.9600/- p.m. - PW2 sole proprietor proved the salary certificate - Oral testimony of PW2 remained unshaken - High Court not to have rejected his evidence...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 23 years of age at the time of accident - Multiplier of 18 would be appropriate...........
Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Claim petition - Four persons travelling in the vehicle - Plea that presence of witnesses is doubtful as they had not suffered any injury - Held, not enable as it is not necessary that injuries should have been caused to all the occupants of the vehicle...........
Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Claim petition - Non-examination of independent witnesses - Would not in any manner dent the case of the claimant as there is no requirement that independent witness should have been examined especially when in the instant case, accident had taken place at 8:00 p.m. in the month of January as it would be dark at..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Accident of vehicle - National Commission reduced the claim of appellant/owner of vehicle as awarded by State Commission despite the fact order of State Commission was not challenged by respondents - It was only appellant who contested the reduction of claim by State Commission - Ends of justice would be met if..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Claim petition by borrower of motor cycle, which met with accident, against owner and insurance company is not maintainable - Claim petition can only be maintainable against driver, owner and/or insurance company of offending vehicle being a third party to said vehicle...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Claim petition u/s 163-A of the Act - There is no need for claimants to plead or establish negligence and/or that death in respect of which claim petition is sought to be established was due to wrongful act, neglect or default of owner of vehicle concerned...........
