August 2018

V IMP ::: Motor Vehicles Act, 1988, S.166–Accident–Refund of excess amount paid-During appeal before High Court 80% of award by Tribunal was disbursed-High Court had reduced amount awarded by Tribunal and granted liberty to recover excess amount—However, in appeal Supreme Court enhanced the amount to some extend but was less than award of Tribunal-Supreme Court dismissed the appeal for refund of excess amount by exercising its jurisdiction under Art. 142

By | August 15th, 2018|Liability of Insurance Company|

Comments Off on V IMP ::: Motor Vehicles Act, 1988, S.166–Accident–Refund of excess amount paid-During appeal before High Court 80% of award by Tribunal was disbursed-High Court had reduced amount awarded by Tribunal and granted liberty to recover excess amount—However, in appeal Supreme Court enhanced the amount to some extend but was less than award of Tribunal-Supreme Court dismissed the appeal for refund of excess amount by exercising its jurisdiction under Art. 142

July 2018

Accident—Negligence—Merely on the basis of the spot as per site map where the vehicle was found lying after the accident, it cannot be assumed that the appellant was driving the vehicle on the wrong side on the road at the relevant time Accident—Claim Petition—Non-examination of witness perse cannot be treated as fatal to the claim Accident—Claim Petition—Even when the accused were to be acquitted in the criminal case, the same may be no effect on the assessment of the liability to pay in claim before the tribunal

By | July 23rd, 2018|Liability of Insurance Company|

Comments Off on Accident—Negligence—Merely on the basis of the spot as per site map where the vehicle was found lying after the accident, it cannot be assumed that the appellant was driving the vehicle on the wrong side on the road at the relevant time Accident—Claim Petition—Non-examination of witness perse cannot be treated as fatal to the claim Accident—Claim Petition—Even when the accused were to be acquitted in the criminal case, the same may be no effect on the assessment of the liability to pay in claim before the tribunal

Accident—Insurance—Theft of Vehicle—Insurance Company is still liable to pay to a third party, regarding accident by stolen vehicle.

By | July 16th, 2018|Liability of Insurance Company|

Comments Off on Accident—Insurance—Theft of Vehicle—Insurance Company is still liable to pay to a third party, regarding accident by stolen vehicle.

April 2018

March 2018

Motor Vehicles Act, 1988, S.166–Accident–Liability of Insurance Company-The driver and owner had failed to contest the claim petition and were proceeded against ex parte–This would not automatically establish the violation of the terms and conditions of the insurance policy

By | March 22nd, 2018|Liability of Insurance Company|

Comments Off on Motor Vehicles Act, 1988, S.166–Accident–Liability of Insurance Company-The driver and owner had failed to contest the claim petition and were proceeded against ex parte–This would not automatically establish the violation of the terms and conditions of the insurance policy

Accident–License–Mere fact that the driving license, was found to be fake is no ground to absolve of Insurance Company from liability to pay the compensation

By | March 7th, 2018|Liability of Insurance Company|

Comments Off on Accident–License–Mere fact that the driving license, was found to be fake is no ground to absolve of Insurance Company from liability to pay the compensation

Held; If there were two vehicles on road and it was admitted that there was a collision then the person who caused the collision must take the responsibility—In present case both the drivers held to be equally responsible.

By | March 5th, 2018|Liability of Insurance Company|

Comments Off on Held; If there were two vehicles on road and it was admitted that there was a collision then the person who caused the collision must take the responsibility—In present case both the drivers held to be equally responsible.

December 2017

August 2017

July 2017

Motor Vehicles Act, 1988, S.166–Accident–Route Permit-Merely because truck was plying in State for which it does not have route permit would not absolve Insurance Company of its liability to pay.

By | July 19th, 2017|Liability of Insurance Company|

Comments Off on Motor Vehicles Act, 1988, S.166–Accident–Route Permit-Merely because truck was plying in State for which it does not have route permit would not absolve Insurance Company of its liability to pay.

Motor Vehicles Act, 1988, S.166–Accident~ Right to Recover-Tribunal specifically observed that driver was holding a valid during licence, Registration Certificate and route permit were valid-in such circumstance Insurance Company cannot be given right to recover when there was not liability on owner and driver.

By | July 15th, 2017|Liability of Insurance Company|

Comments Off on Motor Vehicles Act, 1988, S.166–Accident~ Right to Recover-Tribunal specifically observed that driver was holding a valid during licence, Registration Certificate and route permit were valid-in such circumstance Insurance Company cannot be given right to recover when there was not liability on owner and driver.

Accident—Pay & Recover—Even if insurance Company has no liability to pay but insurer of offending vehicle must be directed to firstly pay to claimants and then recover from owner.

By | July 1st, 2017|Liability of Insurance Company|

Comments Off on Accident—Pay & Recover—Even if insurance Company has no liability to pay but insurer of offending vehicle must be directed to firstly pay to claimants and then recover from owner.

June 2017

Motor Vehicles Act, 1983–Accident–Claim Petition—The language employed in sub-section (2) makes the intention of the legislature very clear—It confers the jurisdiction upon the Claims Tribunal within the local limits of whose jurisdiction “accident occurred”, or “claimant resides” or “claimant carries on business” or “defendant resides”.

By | June 27th, 2017|Liability of Insurance Company|

Comments Off on Motor Vehicles Act, 1983–Accident–Claim Petition—The language employed in sub-section (2) makes the intention of the legislature very clear—It confers the jurisdiction upon the Claims Tribunal within the local limits of whose jurisdiction “accident occurred”, or “claimant resides” or “claimant carries on business” or “defendant resides”.

Motor Vehicles Act, 1988, S.166–Accident-Proof of ownership-Liability of Insurance Company—the transfer of ownership operates by delivery of a vehicle under Section 19 of the Sales of Goods Act -Registration of vehicle is an evidence of ownership and not at all times the only source of assessing the ownership.

By | June 24th, 2017|Liability of Insurance Company|

Comments Off on Motor Vehicles Act, 1988, S.166–Accident-Proof of ownership-Liability of Insurance Company—the transfer of ownership operates by delivery of a vehicle under Section 19 of the Sales of Goods Act -Registration of vehicle is an evidence of ownership and not at all times the only source of assessing the ownership.

May 2017

April 2017

Accident—Claim Petition—Claimant cannot resile from the initial statement to Police. Thereafter filed claim petition by putting allegation on offending vehicle-Held; it appears that he has been managed subsequently- Claim petition dismissed.

By | April 21st, 2017|Liability of Insurance Company|

Comments Off on Accident—Claim Petition—Claimant cannot resile from the initial statement to Police. Thereafter filed claim petition by putting allegation on offending vehicle-Held; it appears that he has been managed subsequently- Claim petition dismissed.

March 2017

January 2017

Accident—Claim Petition—Petition not to be dismissed merely on ground of non conducting of post mortem when death due to injuries suffered can be inferred on basis of police report and medical record of treatment.

By | January 15th, 2017|Liability of Insurance Company|

Comments Off on Accident—Claim Petition—Petition not to be dismissed merely on ground of non conducting of post mortem when death due to injuries suffered can be inferred on basis of police report and medical record of treatment.