Motor Vehicles Act

CIVIL

Motor Vehicles Act S. 173(1) – LMV license allows driving vehicles, including bulldozers, under 7,500 kg – Insurer failed to prove the bulldozer’s weight exceeded 7,500 kg – Construction equipment vehicles are non-transport vehicles – Insurers cannot deny liability on technical grounds.[#ID 425761]

June 24, 2024

CIVIL

Indigent person – Motor vehicles Act. [1979 PLRonline 0002]

June 5, 2024

[SC] Motor Vehicles Act, – Composite negligence – Head on collision – Only 50% amount awarded to the claimant by the tribunal as the other vehicle was not impleaded – High Court granted liberty to the appellants to file a separate claim for payment of the remaining amount – Set aside – Insurer liable to pay full amount and recover. [PLRonline 417503]

February 25, 2024

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Motor Vehicles Act

Environment – Ponds – Encroachments – Directions

MVA S. 166 – Working abroad – Document was not attested by the Indian Embassy – Salary not proved

Motor Vehicles Act, 1988 (59 of 1988) Section 166 - Diplomatic & Consular Offices Oaths and Fees Act, 1948 –...

MVA S. 166 – Compensation – Calculation – – Widow and three children

Motor Vehicles Act, 1988 (59 of 1988) Section 166 - Claimants - Widow and three children as his dependants -...

SRA S. 16 – Financial capacity – Conduct throughout the transaction

MVA S. 166 – – Income – Deceased working in Doha – Computation of salary

Motor Vehicles Act, 1988 (59 of 1988) Section 166 - Income – Deceased working in Doha – Computation of salary...

SARFAESI S. 13(2), (4) – Borrower has waived and is estopped from challenging violation of Section 13(3A)

MVA S. 166 – Deduction – Deceased living abroad – 50% deduction allowed

Motor Vehicles Act, 1988 (59 of 1988) Section 166 - Personal expenses - Deceased living abroad – Deduction – Even...

Waiver – Waiver is an intentional relinquishment of a known right.

MVA S. 166 – Age 40 years multiplier of 15 – Future prospects @30%

Motor Vehicles Act, 1988 (59 of 1988) Section 166 - Age 40 years multiplier of 15 - Future prospects @30%...

Statute – Waiver of mandatory requirement of a statute – Waiver.

MVA S. 166 – Interest @ 12% – Accident in 1998

Motor Vehicles Act, 1988 (59 of 1988) - Interest - 12% - Accident in 1998 - Dependants have been pursuing...

Courts – Power of the courts/judicial authorities to mould relief

MVA S. 166 – Compensation – Principles

Motor Vehicles Act, 1988 (59 of 1988) Section 166 – Principles of payment of compensation culled out. #2020 SCeJ 1602...

MVA S. 166 – FIR against unknown vehicle – The fact that the police had filed a challan against the driver is not sufficient – The police invariably puts in the challan on the basis of the statement without getting into the truthfulness of the statements

February 13, 2022

Motor Vehicles Act, 1988 – Section 166 - FIR against unknown vehicle - FIR was lodged by BS who stated...

MVA S. 166 – Future prospects – Death – Child.

Motor Vehicles Act, 1988 - S. 166 - Deceased - Child - Future prospects - In case of the death...

MVA S. 166 – Multiplier – Death – Child – Relevant factor would be age of parents

Motor Vehicles Act, 1988 - S. 166 - Deceased - Child - In cases, where parents are claimants, relevant factor...

MVA S. 166 – Deceased – Child – Determination of damages.

Motor Vehicles Act, 1988 - S. 166 - Deceased - Child - Determination of damages. 2006 PLRonline 0006 , (2007-3)147...

MVA S. 166 – Deceased – Child – Aged 9 years – Compensation of Rs.1,80,000/- awarded.

Motor Vehicles Act, 1988 - S. 166 - Deceased - Child - Aged 9 years - Compensation of Rs.1,80,000/- awarded....

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

MVA S. 166 – Death – Child – 12 years – Rs. 2,95,000/- – No future prospects.

Motor Vehicles Act, 1988, Section 166 - Death - Child - 12 years - Income of minor girl child incapable...

MVA S. 166 – Contributory negligence – Deceased travelling in cart/vehicle as passenger – No contributory negligence

Motor Vehicles Act, 1988 Section 166 - Contributory negligence - Deceased travelling in a horse cart to a religious congregation,...

IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

MVA S. 163-A – Deceased – Aged 7 years – fit case to increase the notional income by taking into account the inflation, devaluation of the rupee and cost of living – Deem it appropriate to take notional income of the deceased at Rs.25,000/-