Motor Vehicles Act
Motor Vehicles Act, S. 173 – Pay and Recover – Insurance Company exonerated – Appeal by claimants for making insurance company liable – This Section empowers that any person can file Appeal so there is no need to consider who is aggrieved person – Appellants being Claimants have right to file Appeal – Though owner of offending truck has not challenged the impugned order, it cannot be said that the Claimants can’t challenge it – Order in appeal changed to Pay and Recover.
HIGH COURT BOMBAY Before : Justice Shivkumar Dige. Shubhash Waman Baviskar v. Adinath Hambirrao Budhwant First Appeal No.410 Of 2016...
Read moreMVA | Delay in lodging an FIR is not fatal if claimant demonstrates satisfactory and convincing reasons – Insurer responsible to prove its contention by summoning the offending vehicle’s rider – Preponderance of probabilities is the touchstone for concluding rashness and negligence. [2023 SCeJ 0206 (AP)]
National Insurance Company Ltd. v. Komaravolu Srinivasa Bharadwaj, 2023 SCeJ 0206 (AP) ANDHRA PRADESH HIGH COURT T. Mallikarjuna Rao J....
Read moreMVA S. 166 – Important cases
1. (1996-2)114 PLR 495, United India Insurance Company Limited v. Raj Rani. 2. (2003-2)134 PLR 124 (SC) , United India Insurance Co. Ltd....
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MVA S. 166 – ‘legal representative’ should be given a wider interpretation – – Mother-in-law – Personal expenses – Deduction of – Split multiplier. [PLRonline1414404 (SC)]
Subscribe here to READ and DOWNLOAD judgment N. Jayasree v. Cholamandalam MS General Insurance Company Ltd., 2021 SCEJ 1403, 2021...
Read moreMVA S. 163-A, S. 147 – Owner of vehicle died in accident – No third party involved – Insurance company not liable.
Supreme Court Of India S.B Sinha, Cyriac Joseph, JJ. New India Assurance Company Limited v. Sadanand Mukhi And Others Civil...
Read moreMVA – Fitness Certificate of Vehicle – Charging Rs. 50/- for each day of delay after expiry of certificate of fitness, Notification dated 29.12.2016. Has not come into force. PLRonline 432600
Notification bearing No.G.S.R. 1183 (E) dated 29.12.2016, thereby amending Rule 32 and Rule 81 of the Central Motor Vehicle Rules,...
Read moreMVA S. 149 – Distinction has to be made between “route permit” and “permit”
Motor Vehicles Act, 1988 (59 of1988), S. 149(2), S. 2(28) and S. 2(31)- A distinction has to be made between...
Read moreMVA S. 149(2) – Use of a vehicle in a public place without a permit is a fundamental statutory infraction – Insurer not liable.
Motor Vehicles Act, 1988 (59 of1988), S. 149(2), Section 66 - Use of a vehicle in a public place without...
Read moreMVA S. 166 – Driving licence for non transport car – Taxi – Based on unlaeden weight – Insurer liable.
MVA S. 166 – Vehicle was being used as a taxi – Driving licence was to drive a motorcycle with...
Read moreMVA – Criminal case – Acquittal in a criminal case – Effect on claim petition
G.SURESH V. CHELLAPANDI, 2019 PLRonline 3405 MADRAS HIGH COURT (MADURAI BENCH) MRS.JUSTICE J.NISHA BANU G.SURESH V. CHELLAPANDI C.M.A(MD).No.798 of 2009...
Read moreMVA S. 166 – FIR – Delay in lodging FIR – Cannot be a ground to doubt the claimant’s case [SC]
There could be variety of reasons in genuine cases for delayed lodgment of FIR - Unless kith and kin of...
Read moreMVA S. 166 – Driving licence – Application filed for production for Driving licence by insurer – Not produced – Presumption no valid DL
Motor Vehicles Act, 1988 – S. 166 – Driving licence – Application filed for production for Driving licence - Not...
Read moreKrishnanunni v. R.Balasubramanian, 2021 PLRonline 5109
Kerala High Court P.V.KUNHIKRISHNAN, J. Krishnanunni v. R.Balasubramanian 09.03.2021 MACA.No.3093 OF 2008 Motor Vehicles Act, 1988 – S. 166 –...
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Motor Vehicles Act, 1988, S. 185 – Consumer Protection Act, 1986 – Insurance – Drunken driving – Influence of alcohol
All that is required is to show that at the time of driving the vehicle, resulting in the accident, the...
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MVA S.168 – Compensation – Reduction – Parental consortium – ‘Loss of love and affection’ – Compensation under the head ‘loss of love and affection’ is impermissible
MVA S.168 - Compensation - Reduction – Parental consortium - ‘Loss of love and affection’ - Compensation under the head...
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