Motor Vehicles Act, 1988, Section 173 -- Accident - Compensation - Appeal by Insurance Company together with the owner of the vehicle - An appeal by the owner of vehicle is maintainable despite the fact that in terms of an award, he is to be reimbursed by the insurance company...........
Motor Vehicles Act, 1988, Section 166 -- Contributory negligence - Two vehicles involved in an accident - Injured claimant was negligent - If injured claimant is partly liable principle of composite negligence will not apply - No inference can be drawn that negligence was 50 : 50 - When injured is guilty of some negligence, his claim for damages is not defeated merely by..........
Motor Vehicles Act, 1988, Section 166 -- S.166 - Composite negligence - When a person is injured as a result of negligence on the part of 2 or more wrongdoers it is composite negligence of those severally liable to injured for payment of entire damages - Injured person has the choice of proceeding against all or any of them...........
Motor vehicle accident -- Compensation - Contributory negligence - The evidence showed that the appellant was not diligent, as he neither slowed down the bus nor swerved to his left, on seeing the on coming bus - Held that appellant was also partly responsible for the accident - Responsibility fixed at 25% on the appellant and 75% on the first respondent...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Grant of - In excess than claimed - Court can award compensation exceeding the claimed amount - Court is to award just and reasonable compensation on the basis of evidence produced on record - In such cases there is no question of claim becoming time barred - It cannot be contended that by enhancing the..........
Motor Vehicles Act, 1988, Section 149(2) -- Third party risks - Defences available to insurer - For application of S.149(2) there should be fundamental breach of the policy conditions by the insured to allow defences available to the insurer...........
Motor Vehicles Act, 1988, Section 149(2) -- Terms of policy - Terms have to be construed as it is and there is no scope for adding or subtracting something - However, policy may be considered liberally and such liberalism cannot be extended to permit substitution of words which were not intended...........
Motor Vehicles Act, 1988, Section 15 -- Renewal of a fake licence - Renewal of a fake licence cannot transform a fake licence as genuine - A fake licence cannot get its forgery outfit shipped off merely on account of some officer renewing the same with or without knowing it to be forged - Since the driver's licence was fake Insurance company is liable only for damages to..........
Motor Vehicles Act, 1988, Section 173(2) -- Restrictions - Appeal - In case of appeal under the Act the same law applies and Insurance Company is liable to third party risk and not for the property of the insured...........
Motor Vehicles Act, 1988, Section 149,147,148 -- Compensation - Own damage claim - Driving licence - Renewal of - Evidence that the Licensing Authority at Hyderabad had not issued any licence as claimed - There was a renewal of the driving licence at Tinsukhia - Findings of the State Commission that there was no valid licence issued by the RTA Hyderabad as claimed by the..........
