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 driver was under the influence of alcohol

Drunken driving, which is a criminal offence, under S. 185 along with its criteria of alcohol-blood level is not the only way to prove that a person was under the influence of alcohol. If the Breath Analyser or any other test is not performed for any reason, the Insurer cannot be barred from proving his case otherwise

It is not necessary for the Insurer to establish that there was acute alcohol intoxication. Only required to show that at the time of driving the vehicle, resulting in the accident, the driver was under the influence of alcohol

PLRonline

Download / Print

Tags: Influence of alcohol

Motor Vehicles Act, 1988, S. 185 – Consumer Protection Act, 1986 – Insurance – Drunken driving – Influence of alcohol

Criminal trial – Dying declaration – Fail to understand as to how the same dying declaration could have been made basis for conviction of the appellant when the same was disbelieved insofar as another accused is concerned. [2023 SCeJ 387]

Municipal Corporation Act, 1976, Section 114-A – Khata – Cancellation of – By commissioner – Communication quashed due to a breach of natural justice. [2021 PLRonline 5205 (Kar.)]

CPA , 1986 – Definition of ‘consumer’ includes ‘consumers’ – Joint complaint by multiple consumers need not be filed in representative capacity – Will include multiple consumers . [2023 SCeJ 345 , 2023 PLRonline 0115 (SC), (2023-3)211 PLR 458 (SC) (SN)]

[SC] Motor Vehicles Act, 1988, Sections 166 and 163A – Death of a housewife in Motor accidents – Assessment of compensation. [PLRonline 311301]

Will – Proof – Photocopy – That being so, the question of comparison of signatures on the said photocopy of the Will with that of the register of the Deed Writer would not arise. [PLRonline 479650]

Local Commissioner – Application for appointment – Dismissed – No revision would be maintainable. [PLRonline 481650]

Hindu Law – Family Settlement – Limitation – In the absence of any evidence proving a family settlement, the transfer of the suit property under the said alleged family settlement and the consequent mutation entries – Cannot be sustained . [PLRonline 471650]

Custody of child – Application of mother to take the child out of the country where she is working

Insurance - Influence of alcohol - Res ipsa loquitur - The principle of res ipsa loquitur, as such, appears to be inapposite, when, what is in question, is whether driver was under the influence of alcohol

Motor Vehicles Act, 1988, S. 185 – Consumer Protection Act, 1986 – Insurance – Drunken driving – Influence of alcohol

Related Posts

CPA , 1986 – Definition of ‘consumer’ includes ‘consumers’ – Joint complaint by multiple consumers need not be filed in representative capacity – Will include multiple consumers . [2023 SCeJ 345 , 2023 PLRonline 0115 (SC), (2023-3)211 PLR 458 (SC) (SN)]

[SC] Motor Vehicles Act, 1988, Sections 166 and 163A – Death of a housewife in Motor accidents – Assessment of compensation. [PLRonline 311301]

MVA S. 163-A – U/s 163-A compensation is payable to a third party only – Deceased borrower of the vehicle cannot be considered a third party – Allowed Additional Personal Accident Cover as premium was paid. [(2023-3)211 PLR 228]

Leave a Reply Cancel reply

Welcome Back!

Create New Account!

Retrieve your password

Save PLRonline.in APP!