Court : Delhi
Reported in : II(1998)ACC724; 1999ACJ1391; 1998VIAD(Delhi)801; 76(1998)DLT518; 1998(47)DRJ673; (1999)121PLR13
..... was being used by three persons including the driver and that was not within the permissible limit as laid down by section 85 of the motor vehicles act, 1939 which is also incorporated in section 128 of the 1988 act. the carrying of more persons on a vehicle will certainly make the ride somewhat unstable which may contribute to the accident. moreover the tribunal has considered the other evidence ..... on record also to arrive at a conclusion that there was some contributory negligence on the part of the driver of the motor ..... speed but it was due to the motorcyclist's high speed that the accident took place.'13. in paragraph 9 of the judgment the provisions of regulation 7 of the motor vehicles act have been noticed and the following findings are recorded:-'it is admitted that the motorcyclists had been coming from the right side of the car. thereforee, under the regulation no ..... is meant for 2 persons and when 3 persons sit on it, it is in itself an act, which shows that the driver of the motor cycle was careless and negligent regarding the safety of the vehicle and the persons sitting on the same. overloading of any vehicle, more so of a two wheeler is a matter which involves danger to the safety of .....Tag this Judgment!
Court : Karnataka
Reported in : 1997ACJ376; AIR1996Kant396; ILR1996KAR3041; 1996(6)KarLJ77
..... legally liable to pay in respect of:-- (a) death of or bodily injury to any person but except so far as is necessary to meet the requirements of s. 85 of the motor vehicles act, 1988, the company shall not be liable where such death or injury arises out of and in the course of the employment of such person by the insured and excluding ..... becomes legally liable to pay in respect of a death or bodily injury to any person but except so far as is necessary to meet the requirements of s. 85 of the motor vehicles act, 1988, the company shall not be liable where such death or injury arises out of and in ihe course of the employment of such person by the insured. there was ..... the policy make it clear that except under certain circumstances the policy does not cover the risk of a pillion rider., ex. r1 is the policy issued in this case. section 2(1)(a) of that policy reads as hereunder : '1. subject to the limits of liability the company will indemnify the insured in the event of accident caused by or ..... and regulations framed in this behalf. comprehensive insurance of the vehicle and payment of higher premium on this score, however, do not mean that the limit of the liability with regard to third party risk becomes unlimited or higher than the statutory liability fixed under sub-sec. (2) of s. 85 of the act. for this purpose a specific agreement has to be arrived .....Tag this Judgment!
Court : Uttaranchal
Reported in : I(2006)ACC306; AIR2006Utr67
..... contended that rule 3 of the motor vehicles (protective headgears) rules 1980 shall be deemed to have exempted sikh ..... women from the application of section 129 of the motor vehicles act 1939. in our view, the above contention is devoid of ..... counsel is that since the motor vehicles (protective headgears) rules, 1980 were issued under the repealed motor vehicles act, 1939 and since the said rules were in force immediately before the commencement of the motor vehicles act, 1988, the said rules shall be deemed to have been issued under the corresponding provision of the motor vehicles act, 1988. section 129 of the motor vehicles act, 1988 is the provision corresponding to section 85-a of the motor vehicles act, 1939. hence it is .....Tag this Judgment!
Court : Patna
..... three hundred fifty-eight only) drawn on central bank of india, ranchi in full and final settlement of the award passed by the judicial commissioner, ranchi in comp. case no. 85 of 1991 under section 140 of the motor vehicles act, 1988 (ignatia kujur v. rameshwar singh).annexure b: money receipti, ignatia kujur w/o late william kujur, the claimant of compensation case no ..... . 85 of 1991 have received the payment in full and final satisfaction of the award passed under section 166 of the motor vehicles act and have received the cheque being no. rnc/h 001449 for rs. 1,43 ..... that when the deceased was going to h.e.c. on 25.3.1991 by his rajdoot motor cycle he was killed by a trekker bearing the registration no. bpm 2382 which was being driven ..... claims tribunal, ranchi, in compensation case no. 85 of 1991 filed this appeal for the enhancement of compensation amount.2 the claimants-appellants as heirs of late william kujur filed a claim case before the claims tribunal, ranchi, for the grant of compensation on account of death of william kujur in a motor vehicle accident.3. the case of the claimants-appellants is .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2008(1)ALD190
..... 2000 and 85 of 2000, dated 6.11.2002, on the file of the motor accident claims tribunal (principal district judge), kurnool allowing the claims for compensation under sections 163-a and 166 of the motor vehicles act, 1988 (for brevity 'm.v. act') on account of injuries sustained by the claimants in a motor accident.2 ..... more than one owner along with their goods which are being carried in the vehicle. the said aspect needs no further consideration having regard to the specific provision of section 13 of the general clauses act which itself contemplates that in any central legislations unless there is anything repugnant, ..... proposition which has been put-forth on behalf of the appellant, it is necessary to refer to the relevant portion of section 147 of the m.v. act, which reads as follows:requirements of polities and limits of liability:--(1) in order to comply with the requirements of ..... byrapaneni, the learned standing counsel appearing on behalf of the appellant, strenuously contended that having regard to the expression used under section 147 of the m.v. act it can be only one owner and not more than one and therefore, such claims by injured in numbering more than ..... . briefly stated, the facts of the case are that on 21.12.1998, both the claimants along with their bags of paddy engaged a lorry bearing no.ap-21/u.3940 and loaded the same and boarded the lorry as owners of goods, however, since the said vehicle .....Tag this Judgment!
Court : Chennai
..... of 2014 karimulla ... appellant vs. 1.k.udayakumar 2.icici lombard general insurance co. ltd., no.84/85, walltax road, chennai 600 003. ... respondents appeal filed under section 173 of the motor vehicles act 1988 against the judgment and decree dated 05.09.2013 made in m.a.c.t.o.p.no.2677 of ..... the government of tamil nadu, to make a provision in the motor vehicles act and the rules framed thereunder, making it compulsory to submit certificate of age proof, at the time of making a claim, under section 163-a or 166 of the motor vehicles act, 1988, so as to enable the claims tribunal to compute the ..... 2010, on the file of motor accidents claims tribunal (chief judge, small causes court) chennai. for appellant : mrs ..... the appellant, in order to enrich himself, has unjustly reduced the age of the deceased as 55 years, and filed a claim under section 166 of the motor vehicles act.10. in the claim petition, the age of the appellant has been mentioned as 39 years. the age of the deceased has been ..... file of washermenpet police station, kancheepuram district, against the driver of the van, bearing registration no.tn03d1325 for the offences under section 337 ipcipcipc and section 184 of the motor vehicles act. son of the deceased mother, claimed compensation of rs.8,00,000/-. in the claim petition, age of the deceased .....Tag this Judgment!
Court : Patna
..... corporation ltd. v. manne chimperamma 1977 acj 13 (ap); indian mutual genl. ins. society ltd. v. manzoor ahsan 1977 acj 85 (calcutta); and c. narayanan v. madras state palm gur sammelan 1974 acj 479 (madras)].8. section 147 of the motor vehicles act 1988 [section 95(i)(b) proviso (i) and (ii) of motor vehicles act, 1939] lays down the requirements of insurance policy and limits of liabilities. this ..... section lays down that in order to comply with the requirements of chapter xi a policy of insurance must be a ..... in ishwar singh v. himachal puri 1990 acj 965 (mp), held that under section 147 of motor vehicles act, 1988, the policy of insurance does not cover liability in respect of death of a person travelling in a goods vehicle for hire or reward hence, in view of section 149 of the act, the insurer cannot be directed to satisfy the judgment.4. whether an insurer ..... j.1. this is an appeal under section 173(1) of the motor vehicles act, 1988 against the judgment and award of the additional claims tribunal, dhanbad dated 22.4.1994 whereby the claim of the appellant for compensation has been awarded to the extent of rs. 57,600/- only against the owner of the offending vehicle, the tribunal having absolved the insurer from .....Tag this Judgment!
Court : Andhra Pradesh
..... , the act).2. heard smt.ramani jonna, the learned standing counsel for the insurance company and ..... of the motor accidents claims tribunalcum-iii additional district judge, kakinada, (for short, tribunal) in m.v.o.p.no.43 of 2005 dated 13.03.2007, awarding compensation of rs.85,000/- with interest at 7.5% per annum as against the claim of the claimant of rs.1,04,000/- in the claim petition under section 166 of the motor vehicle act, 1988 (for short ..... india assurance co. ltd. v. sadanand mukhi that the son of owner will not come within the definition of third party under the motor vehicles act to maintain a claim petition under section 163-a or 166 read with section 168 of the act. the other expression of the apex court in oriental insurance co. ltd. v. rajni devi also speaks the same in holding that ..... the date of claim petition till return. the tribunal also, if necessary, entertain the application of the claimant under section 66 of the a.p. court fees act read with rule 475 of the a.p.motor vehicles rules, 1989 to issue a certificate for refund of the court fees paid on the claim petition, so as to pay before the consumer forum or .....Tag this Judgment!
Court : Supreme Court of India
..... jaison kuruvila aged 11 years (2 minot children of the deceased) and grace kuruvila (mother of the deceased) aged 85 years filed a joint application under section 140 and 166 of the motor vehicles act, 1988 (hereinafter referred to as, the act ), claiming compensation of rs.57,25,000/- towards following heads:- (a) funeral expenses rs. 25,000/- (b ..... . ext.-b2, scene mahazar also does not suggest any rash and negligent driving on the part of the deceased.24. the mere position of the vehicles after accident, as shown in a scene mahazar, cannot give a substantial proof as to the rash and negligent driving on the part of one or ..... negligence on the part of the deceased as well.20. on hearing the parties and perusal of record, the following facts emerge:- the owner of the vehicle kunjujamma mohan and the driver of the bus, p.c. kurian who were the first and third respondents before the tribunal and high court, had ..... the bus owner. it was alleged that the accident occurred solely due to rash and negligent driving of the bus driver, p.c. kurian and the vehicle had valid insurance with the oriental insurance co.ltd.. based on such facts, the claimants claimed a sum of rs. 57,25,000/- as compensation with ..... years. ext.-a6 was attested by notary public and counter signed by the consulate general of india, new york, as per section 3 of the diplomatic and consular officers(oaths and fees) act, 1948.29. on the basis of the aforesaid annual income and exchange rate of rs. 17.30 per us dollar as .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1998(1)ALD209
..... operative in other states without there being any requirement of counter-signature of those stales. by virtue of the power provided under (sic section 88(11)(iii) of motor vehicles act, 1988 corresponding to) section 63(1)(iii) of the motor vehicles act, 1939, the central government framed the central motor vehicles rules, 1989. rule 85 of the said rules deals with additional conditions of tourist permits. sub-rule (3) of rule ..... 85 envisages that the tourist vehicle shall either commence or end its journey in the home state and shall not remain outside the home state for ..... lo rule 85(3) is to regulate all india tourist vehicle in the interest of tourists. the central motor vehicle rules are framed by virtue of the power conferred under section 66(7) (sic section 88(9)) of the act. it is settled principle of law that the rules framed by virtue of statutory power conferred by the enactment form part and parcel of the act. the motor vehicles act, 1988 is .....Tag this Judgment!