Insurance claim -- Goods vehicle - Gratuitous passengers - Insurance Company failed to establish that the driver of the truck was carrying gratuitous passengers beyond permissible limit and that was the cause of accident - There was no material on record to establish that the respondent was responsible for the alleged violation and terms and conditions of the insurance..........
Insurance claim -- Goods vehicle - Gratuitous passengers - Insurance Company failed to establish that the driver of the truck was carrying gratuitous passengers beyond permissible limit and that was the cause of accident - There was no material on record to establish that the respondent was responsible for the alleged violation and terms and conditions of the insurance..........
Motor Vehicles Act, 1988, Section 168, 173 -- Car - Overturning - Death of two - Drunken driver - Owner not knowing of drunken state of driver - Payment of fare by deceased not proved - Held, insurer is liable to pay compensation...........
Words and phrases -- Booking at owner's risk - It means some damage to the goods in transit or some unforeseen circumstances without any negligence of the driver or the occupants of the truck...........
Motor Vehicles Act, 1988, Section 149 -- Liability - Of insurance company - Defences available against third party and insured - Invalid or fake driving licence or disqualification of the driver for driving at the relevant time - Not in themselves relevant defences available to the insurer against either the insured or the third party...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of - Taxi driver - Had no knowledge what was carried by the passengers in the brief case - Acquittal of taxi driver, upheld...........
Insurance claim -- Repudiation - Ground driving licence fake as it was renewed on the basis of licence which was fake - No evidence to show that driving licence held by the said driver was fake to the knowledge of respondent - Order of the District Forum allowing complaint as affirmed by State Commission upheld...........
Insurance claim -- Repudiation - Ground of fake driving license - Owner satisfied himself that the driver has a license and is driving competently - Owner is not expected to find out whether the license has in fact been issued by a competent authority - There is nothing on record to suggest that the owner being aware that driver holding a fake license - Non settlement of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, 29, 60, 61, 85 -- Bail - Owner of truck - Recovery of contraband from truck - Two accused ran away and truck driver apprehended - Petitioner arrayed as an accused primarily on the ground that she is the owner of the truck - Petitioner not directly involved in smuggling/transporting of narcotics - No..........
Indian Penal Code, 1860, Section 304A, 279 -- Negligence - Accident - Accident took place between mini bus and motorcycle - Death of motorcycle rider - It was alleged that the accident occurred when the driver was busy to change the tape recorder cassette - It is a merely hearsay evidence - Actually steering of minibus was locked - Evidence of mechanic also showed that..........
