Motor Vehicles Act, 1988, Section 168 -..........
Motor Vehicles Act, 1988, Section 163A -- Insurance Company - Liability - Package policy - Pillion rider - Motorcycle insured in name of owner on date of accident - Admitted fact that policy taken by owner for this motorcycle was a package policy under which pillion rider would be covered - At time of incident deceased was driving motorcycle after borrowing the same from..........
Motor Vehicles Act, 1988 -- Quantum of compensation - Determination of - Yearly income of deceased Rs.3,600/- - 2/3rd of same can be taken as dependency of claimant - Age of deceased was 54 years at time of her death - Multiplier of 11 applied - Amount comes to Rs.2,64,000/- - Sum of Rs.9,500/- has to be added in name of loss of consortium, loss of estate and funeral..........
Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Compensation - Claim petition - Neither a suit nor an adversarial lis - Principles governing a claim petition - (1) A proceeding for award of compensation in regard to a motor accident can be initiated either on an application for compensation made by the persons aggrieved or suo moto by the Tribunal by treating any..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Compensation - Claim petition - Insurer need not be impleaded as a party - It should only be issued a statutory notice u/s 149(2) of the Act - Insurer can resist the claim on any of the grounds mentioned in S.149 clauses (a) and (b) of sub-section (2) of the Act...........
Motor Vehicles Act, 1988, Section 149 -- Accident - Compensation - Claim petition - Insurer need not be impleaded as a party - A statutory notice is to be issued to the insurer - When insurer is made a party its rights are significantly different - If the insurer is only a noticee, it can only raise such of those grounds as are permissible in law u/s 149(2) of the Act -..........
Motor Vehicles Act, 1988, Section 149 -- Insurer when not made a party - A notice has to be issued to the insurer - When notice is issued u/s 149(2) of the act, the insurer as `noticee' (as contrasted from a `party') can not `deny' its liability as an insurer on grounds other than those mentioned in S.149(2)(a) and (b) of the act, but nothing prevents it as person liable..........
Motor Vehicles Act, 1988, Section 170, 149 -- Insurer - When it is a noticee u/s 149(2) of the act - Can be allowed to be treated as a party to the proceedings, so moto, for reasons to be recorded, when tribunal finds and satisfies itself that there is any collusion between the claimant and the owner/driver or where the owner/driver has failed to contest the claim on all..........
Motor Vehicles Act, 1988, Section 173 -- Appeal by insurer on behalf of owner - Question left open - Matter referred to larger Bench...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Husband working as Branch in Scheduled Bank - Salary of husband cannot be less than Rs.40,000/- p.m. - No proof of wife's income adduced by husband - Considering price rise and that child was school going boy, granting maintenance of Rs.5,000/- to wife and Rs.3,000/- to child and granting litigation expenses of..........
