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. 2.1k
Motor Vehicles Act MVA | 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)] 2.1k