Motor Vehicles Act, 1939, Section 110A, 110B, 110C, 110D, 110E, 110F -- Compensation - Every legal representative who suffers on account of the death of a person due to motor vehicle accident has a remedy for realisation of compensation...........
Motor Vehicles Act, 1988 -- Accident claim - Contributory negligence - Appellant driving Fiat car - Truck came from opposite side at excessive speed - Car hit the right side of that truck and collided with rear right side wheels of the truck - Total width of road 22 feet and there were mud shoulders on either side having a width of three feet - Offending truck had come to..........
Motor Vehicles Act, 1988 -- Accident claim - Appellant under treatment for 5 months - Appellant was doing business of commission agent - There was no contributory negligence when appellant did not slow down his vehicle when he saw the truck coming at a high speed from the opposite direction and he did not swerved his vehicle to extreme left when there was three feet mud..........
Deposits -- Non-payment of Maturity value - Social Welfare Endowment Scheme - Clause providing that in case of death due to any accident prior to the maturity period, maturity amount will be paid to the nominee of the member in the scheme by the OP No.4-insurance company - Member of the scheme died prior to the maturity period whilst engaged in cleansing operation of her..........
Words and Phrases -- `Wilful' means act done deliberately and not by accident or inadvertence - It does not take in its ambit something done by inadvertence or carelessness or negligence, ignorance or by accident, under compulsion or circumstances beyond control of a human being...........
Insurance claim -- Janta Personal Accident Insurance Policy - Claim repudiated on the ground that disability is not 100% - Independent doctor certifying that there is a complete loss of sight of one eye and complete loss of hearing power of one ear - Matter covered under Clause A of the Policy - Complainant held entitled to the compensation with interest...........
Insurance claim -- Repudiation - Insured's failure to report the loss caused by Rail accident and removal of consignment without giving Surveyor a chance to assess the loss at first hand - And on the contrary aggravating the loss on account of improper care while transporting it by Road after the initial damage - Violating the terms of the policy by not reporting each and..........
Motor Vehicles Act, 1988, Section 166 -- Claim petition - Finding that accident was due to rash and negligent driving of the troller by Tribunal and High Court - Cannot be disturbed in appeal under Article 136 of Constitution...........
Insurance claim -- Repudiation - Default on the part of the complainant in having the insurance of the vehicle after a gap of 8 months - Contention by the appellant OP that the alleged accident might have taken place during the uncovered period - Burden of proving the same was on the insurance company - It failed to discharge the onus - Vehicle must have been inspected by..........
Succession Act, 1925, Section 372 -- Succession certificate - A person met with an accident - Hospital Authority removed his kidneys with consent of victim and fixed price of Rs.2.70 lacs - Death of person thereafter - Held, L.R's are entitled to succession certificate to recover the said amount as it is debt due to deceased...........
