Motor Vehicles Act, 1988, Section 166(2) -- Accident - Claim petition - Jurisdiction - Accident occurred in Assam - Claimant totally crippled and unable to prosecute his claim in Assam - Claimant allowed to withdraw present petition and file fresh claim petition at Pune...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Motor Vehicles Act, 1988, Section 4(2) - Insurance claim - Driving licence invalid - The driver who was driving bus at the time of accident was issued licence contrary to provision of Section 4 of the 1988 Act when he was below 18 years of age and it was to `drive motor cycle without gear, motor cycle with gear and Light..........
Motor Vehicles Act, 1988, Section 170, Limitation Act, 1963, Section 5 -- Appeal - Delay - 268 days delay in filing appeal against award in an accident claim petition - Delay alleged to be on the part of Advocate - Nothing to prove as to what action had been taken against Advocate who allegedly played fraud upon the appellant - Sufficient cause thus not shown to condone..........
Motor Vehicles Act, 1988, Section 168, 173 -- Accident claim petition - Deceased 30 years of age and his income assessed to be Rs.45, 000/- per annum - 1/3 deduction towards the amount which deceased would have spent on himself allowed - Multiplier of 17 applied - Rs.10, 000/- to each of the claimants allowed on account of loss and affection of the deceased - Award thus..........
Motor Vehicles Act, 1988, Section 166(3) -- Accident - Claim petition filed after 10 years of accident - Period of limitation having been deleted by the Amending Act, claim petition has to be entertained without taking note of the date of accident...........
Motor Vehicles Act, 1988, Section 147 -- Comprehensive insurance policy - Death or bodily injury to the owner of vehicle - Owner of a vehicle can only claim provided a personal accident insurance has been taken out...........
Civil Procedure Code, 1908, Order 8, Rule 1, Motor Vehicles Act, 1988, Section 169, 176 -- Karnataka Motor Vehicles Rules, 1989, R.254 - Filing of written statement beyond 90 days - Motor accident claim - Amended provisions of O.8.R.1A and O.8. Rr.6 to 8 of CPC to Claim Tribunal not applicable - Therefore order refusing to accept said written statement on ground that it..........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Motor Accident Claim - Execution - Award of Motor Accident Claims Tribunal is to be treated as a decree of Civil Court and application U.O.21.R.11 CPC is maintainable - Claimants cannot be asked to go to District Collector for same relief - Tribunal possesses inherent jurisdiction to enforce its own award in accordance with..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Motor Vehicles Act, 1986, Sections 84 and 56 - Insurance claim - There was no fitness certificate at all relating to the vehicle as required by Section 84 of the Act of 1988 - Accident had occurred while the vehicle was put to use in contravention of the provisions of the Motor Vehicles Act and in breach of conditions of..........
Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Claim petition - A claimant cannot pursue his remedies under both the provisions simultaneously - One must opt either to go for a proceeding under S.163-A or under S.166 of the Act, but not under both...........
