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Aug 12 1997 (HC)

G.Bali Reddy and ors. Vs. Regional Transport Officer and anr.

Court : Andhra Pradesh

Reported in : II(1998)ACC480; 1998(2)ALD92; 1998(2)ALT364

..... in trying to collect compounding fee even after the judgment of this court in writ petition no.9936 of 1995 dated 23-11-1995 for the alleged violation of section 192(a) of the motor vehicles act, 1988, the present writ petition is filed.2. it is his further grievance that not only the transport officials but also the police officials are collecting the compounding ..... necessary instructions to his subordinates not to collect the compounding fee or seize the vehicle on the ground of non-payment of compounding fee for any violation of the provisions of section 192(a) of the motor vehicles act, 1988. it is needless to observe that if any violation of the provisions of section 192(a) are notice by the police personally, they are at liberty to report ..... a letter to the director general of police to give necessary instructions to his subordinates not to collect either the compounding fee or seize the vehicle for any violation that falls under section 192(a) of the motor vehicles act and sought for time. by that time the court is reopened. the then transport commissioner was transferred to some other department and it is ..... this court in writ petition no.9936 of 1995 dated 23-11-1995 held that for the violation of section 192(a) of the motor vehicles act, the authorities are not empowered to compound the fee in exercise of their powers under section 200 of the motor vehicles act. though the judgment has rendered nearly two years back, the officials of transport department as well as the .....

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Feb 05 2004 (HC)

L. Royal Reddy and ors. Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : AIR2004AP347; 2004(2)ALD225; 2004(2)ALT210

..... thousand rupees but shall not be less than five thousand rupees or with both.'17. the provisions under sections 53, 192 and 192-a of the motor vehicles act, 1988 provide sufficient teeth to the authorities to impose penalty and punishment if a vehicle is found to be used without registration and without permit or violation of permit conditions. in the instant ..... under clause (b), for a period not exceeding four months. section 192 of the motor vehicles act, 1988 provides for punishment and penalty for using the vehicle without registration. it lays down that 'whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39 shall be punishable for the first offence with a fine ..... motor vehicles act, 1988 provides for issuance of permits under section 87 or sub-section (8) of section 88 of the act. these permits are granted subject to the conditions attached to the permit. it is to be noticed if any condition of the permit is violated, the appropriate authority under the motor vehicles act is competent to take action under sections 53, 192 and 192-a of the act. section ..... levy and collect additional tax on the alleged ground of violation of permit condition. however, it is only under the motor vehicles act, 1988 sufficient provisions are made under sections 86, 153, 192 and 192a providing for cancellation, suspension of registration and also for prosecution. thus, according to him any action taken by the government in .....

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Feb 02 1994 (HC)

Satya Narayan Das Vs. Govt. of India and ors.

Court : Orissa

Reported in : II(1994)ACC133; AIR1995Ori253

..... the opposite party no. 3 on 28-6-93 and was asked to pay a minimum fine of rs. 1,000/- for the purpose of compounding the offence under section 192 of the motor vehicles act, 1988. the petitioner, however, expressed his inability to pay the said amount of rs. 1,000/- for compounding the offence and has filed the present writ application. one of ..... to attend a marriage function, his car was stopped by the flying squad of the state transport authority and he was served with a vehicle checking report (annexure 1) for alleged offence under section 192 of the motor vehicles article 1988 and a sum of rs. 2,000/-was demanded from the petitioner for compounding the said offence. when the petitioner expressed his inability to ..... extend to rs. 2,000/- and section 39 of the act provides that no person shall drive a motor vehicle and no owner of a motor vehicle shall cause or permit a vehicle to ..... 3) of rule 52 is ultra vires the provisions contained in section 41 of the act.4. mr. s. nayak, the learned standing counsel (transport) on the other hand contends that under section 192 of the act whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39, is punishable for the first offence with fine which may .....

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Jul 28 2005 (HC)

Akshaykumar S/O Uttamlal Jaiswal Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 2005(4)ALLMR888; 2006(2)BomCR278; 2005(4)MhLj571

..... owners of the luxury buses and hold permits of contract carriage. the petitioners seek relief in the nature of directions to restrain the respondents from detaining the vehicles under the garb of taking action under sections 66 and 192 of the motor vehicles act, 1988 (for short, the 'said act') and also to restrain the respondents from seizing the documents of registration and other papers relating to the ..... vehicles otherwise than permissible under the provisions of the said act. it is the grievance of the petitioners that the police authorities are unnecessarily harassing them and similarly placed bus ..... in fact detained by the respondents.13. as regards the contention relating to the seizure of the documents, section 213(5) of the said act deals with the power of the officer of motor vehicle department or such other officer empowered by the state in that behalf, to have various powers including the power to seize or take copies of any registers or documents .....

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Aug 07 2013 (TRI)

M/S. Aroma Paints Ltd. Through, Mr. Rajiv Seth, Director and Another V ...

Court : National Consumer Disputes Redressal Commission (NCDRC)

..... any power to the insurance company to press this section into service, while dismissing the claim of the claimant/ complainant. thirdly, it is mere negligence and ..... thousand rupees or, with both. 13. it is difficult to fathom as to why section 192 can be made applicable under the circumstances. the insurance company does not enjoin the powers of traffic police. they cannot dismiss the claim under the guise of section 192 of motor vehicles act, 1988. section 192 of the said act, pertains to the powers of the traffic police and the court. it does not give ..... assurance co.ltd. and ors.), wherein it was held: .. at the time of accident on 02.02.2006, the vehicle was being driven without registration, which is prohibited under section 39 of the motor vehicles act, 1988 and is also an offence under section 192 of the said act. the state commission, have rightly quoted the judgments given by the national consumer disputes redressal commission in kaushalendra kumar mishra .....

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Aug 16 1995 (HC)

N. Ramu and ors. Vs. Transport Commissioner, Government of A.P. and or ...

Court : Andhra Pradesh

Reported in : 1995(2)ALT860

..... high court government pleader were heard in the matter.2. the petitioners have sought for a direction to the respondents-motor vehicle authorities not to launch prosecution against the petitioners and /or their crew under section 192-a of the motor vehicles act, 1988 (for short 'the act') in pursuance of the directions contained in the d.o. letter of the transport commissioner dated 3-8-1995 ..... , referred to above. they have also sought consequential direction to the motor vehicle inspectors concerned not to launch prosecution against the petitioners and/or ..... court in w.p. no. 10601 /95 and the batch reads thus:'interim direction to the respondents not to collect compounding fee in respect of violation of section 192-a of the motor 'vehicles act subject to the 35 condition of the petitioners furnishing bank, guarantee for a sum of rs. 3,000-00 (rupees three thousand only) each to the satisfaction ..... orders on the writ petition. the interim order passed in w.p. no. 10601/95 and the batch directs the respondent-motor vehicle authorities not to collect compounding fee in respect of violation of section 192-a of the motor vehicles act (emphasis is supplied by the court) subject to the condition of the owners furnishing bank guarantee for a sum of rs. 3 .....

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Mar 03 2014 (TRI)

L.K. Grover Vs. New India Assurance Company Limited

Court : Union Territory Consumer Disputes Redressal Commission (SCDRC) - UT Chandigarh

..... any power to the insurance company to press this section into service, while dismissing the claim of the claimant/complainant. thirdly, it is mere negligence and ..... , new delhi, observed as under:- 13. it is difficult to fathom as to why section 192 can be made applicable under the circumstances. the insurance company does not enjoin the powers of traffic police. they cannot dismiss the claim under the guise of section 192 of motor vehicles act, 1988. section 192 of the said act, pertains to the powers of the traffic police and the court. it does not give ..... if the complainant did not have a valid registration certificate and a valid fitness certificate, and theft of the vehicle took place, then the claim could be validly and legally repudiated, by the opposite party. he could only be punished under section 192 of the motor vehicles act 1988, for non-carrying of a valid registration certificate. keeping in view the principle of law, laid down, in .....

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Apr 23 2014 (TRI)

United India Insurance Company Limited and Others Vs. Sarabjeet Singh ...

Court : Union Territory Consumer Disputes Redressal Commission (SCDRC) - UT Chandigarh

..... any power to the insurance company to press this section into service, while dismissing the claim of the claimant/complainant. thirdly, it is mere negligence ..... delhi, observed as under:- 13. it is difficult to fathom as to why section 192 can be made applicable under the circumstances. the insurance company does not enjoin the powers of traffic police. they cannot dismiss the claim under the guise of section 192 of motor vehicles act, 1988. section 192 of the said act, pertains to the powers of the traffic police and the court. it does not give ..... certificate, at the time of accident, then the claim could be validly and legally repudiated, by opposite parties no.1 to 3. he could only be punished under section 192 of the motor vehicles act 1988, for non-carrying of a valid registration certificate. keeping in view the principle of law, laid down, in the aforesaid cases, and the fact that there was no ..... place, in our considered opinion, his (complainant) rightful claim could not be legally repudiated, by opposite parties no.1 to 3, as according to the proviso engrafted to section 43 of the motor vehicles act, 1988, even after the prescribed period, on payment of such fees, if any, as may be fixed by the registering authority, the registration of the .....

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Feb 17 2014 (TRI)

Vtc Transport Pvt. Ltd. Vs. the New India Assurance Co. Ltd. and Anoth ...

Court : Union Territory Consumer Disputes Redressal Commission (SCDRC) - UT Chandigarh

..... not give any power to the insurance company to press this section into service, while dismissing the claim of the claimant/ complainant. thirdly, it is mere ..... or, with both. 13. it is difficult to fathom as to why section 192 can be made applicable under the circumstances. the insurance company does not enjoin the powers of traffic police. they cannot dismiss the claim under the guise of section 192 of motor vehicles act, 1988. section 192 of the said act, pertains to the powers of the traffic police and the court. it does ..... the insurance policy. if the complainant did not have the registration number, he is liable to be punished under section 192, which provides that, whosoever drives a motor vehicle, or causes or allows a motor vehicle, to be used in contravention of the provisions of section 39, shall be punishable for the first offence, with a fine, which may extend to five thousand rupees ..... complainant was not redressed, left with no alternative, a complaint under section 12 of the consumer protection act, 1986 (hereinafter to be called as the act? only), was filed. 3. in their written reply, the opposite parties admitted the issuance of insurance policy, in respect of the vehicle in question. it was stated that the behaviour of the complainant-insured .....

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May 20 2014 (TRI)

Kalyan Singh Chauhan Vs. National Insurance Company Through Division M ...

Court : National Consumer Disputes Redressal Commission (NCDRC)

..... provided under section 192 (a) of the motor vehicle act, 1988. 10. on perusal of the insurance certificate, we find that at the bottom left corner, the insurance also provides limitations as to use?, which reads thus: the policy covers use only under a permit within the meaning of the motor vehicles act, 1988 or such a carriage falling under sub-section (3) of section 66 of the motor vehicles act, 1988. the ..... now proceed to analyse the facts of the case. section 66 (1) of the motor vehicles act, 1988 deals with necessity for permits?, which reads thus: necessity for permits. (1) no owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in ..... policy does not cover use for (a) organised racing, (b) pace making, (c ) reliability trails, (d) speed testing.? 11. on bare reading of the above, it is clear that under the insurance contract between the parties, the insurance cover extended to the insured is subject to the use of the vehicle ..... only under a permit within the meaning of motor vehicle act, 1988. undisputedly, at the time of accident, subject vehicle was being plied on a public road without a valid route permit. therefore, it is clear that under the above .....

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