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Search Results Judgments > Act:MOTOR VEHICLES ACT, 1988 1988 Section 192

Apr 18 2007

Branch Manager, United India Insurance Co. Ltd. Vs. Myakala Sulochana ...

  • Decided on : 18-Apr-2007

Court : Andhra Pradesh

Reported in : 2009ACJ1675; 2007(6)ALD738

... it is necessary to look into the relevant provisions of the Motor Vehicles Act, 1988 under Sections 166 and 167 of the Act. They are extracted as under for better appreciation:166. Application for compensation : (1) An application for compensation arising out of an accident of the nature specified in Sub-section (1) of Section 165 may be made:(a) by the person who has sustained ... at Sangareddy in O.P. No. 32/1999 in granting compensation of Rs. 50,000/- under Section 140 of Motor Vehicles Act, 1988.3. MA CMA Nos. 2739 and 2740 of 2006 have been filed challenging the common order dated 5.5.2005 passed by the Motor Vehicles Accident Claims Tribunal-cum-III Additional District and Sessions Judge (FTC) at Medak in M.V.O ... as respondents to the application. Further Section 167 contemplates that if the death of or bodily injury to any person gives raise to a claim for compensation both under the Motor Vehicles Act, 1988 and the Workmen's Compensation Act, 1923 (8 of 1923), the persons entitled to compensation, can file claim petitions under either of those two Acts, but they cannot file claim petitions ... to a claim for compensation both under the Motor Vehicles Act, 1988 and the Workmen's Compensation Act, 1923 (8 of 1923), the persons entitled to compensation, can file claim petitions under either of those two Acts, but they cannot file claim petitions under both the enactments. Similarly Rules 476 and 476(A) of the Andhra Pradesh Motor Vehicles Rules, 1989 also contemplates that for one ...

Apr 29 1971

South Indian Insurance Co. Ltd. Vs. P. Subramaniam and Anr.

  • Decided on : 29-Apr-1971

Court : Chennai

Reported in : AIR1972Mad49; [1971]41CompCas986(Mad); (1971)1MLJ198

... while travelling in the goods vehicle. In that case one Murugan, an employee of the owner of the goods which was carried in the insured vehicle died as a result of an accident while he was travelling in the goods vehicle along with the goods, and when a claim for compensation was made under Section 110-A of the Motor Vehicles Act by his dependants the insurance ... in the insured vehicle died as a result of an accident while he was travelling in the goods vehicle along with the goods, and when a claim for compensation was made under Section 110-A of the Motor Vehicles Act by his dependants the insurance company denied its liability to meet the claim. The learned Judge held that though on a superficial view of Section 95 it ... for compensation was made under Section 110-A of the Motor Vehicles Act by his dependants the insurance company denied its liability to meet the claim. The learned Judge held that though on a superficial view of Section 95 it might appear that the words 'contract of employment' would cover only a contract of employment with the owner of the insured vehicle, the preponderance of judicial ... taken in terms of Section 95 of the Motor Vehicle Act.5. In a recent decision of Alagiriswami, J., it has been held that a passenger carried in a goods vehicle in pursuance of a contract of employment with some one other than the insured was entitled to claim compensation for the injury sustained by him while travelling in the goods vehicle. In that case one ...

Feb 15 2008

Arati Dolai and Ors. Vs. Baser Ali Bux and Ors.

  • Decided on : 15-Feb-2008

Court : Kolkata

Reported in : 2008ACJ1569

... on record including the provisions contained in the Motor Vehicles Act, 1988, we find that after the introduction of the provisions contained in Section 163-A of the Act and the consequent amendment of Section 147 in the year 1994, the liability of the insurance company has been extended even to the case of driver of a vehicle although he is an employee of the insured ... claim by totally misreading the provisions contained in Section 163-A of the Motor Vehicles Act, 1988, which was introduced by the amendment in the year 1994 and according to him, in case of an application under Section 163-A of the Act, the fact that the victim was the driver employed by the owner of the vehicle was immaterial. Mr. Das, therefore, prays for ... the Commissioner under the Workmen's Compensation Act.7. After hearing the learned Counsel for the appellants and after going through the materials on record including the provisions contained in the Motor Vehicles Act, 1988, we find that after the introduction of the provisions contained in Section 163-A of the Act and the consequent amendment of Section 147 in the year 1994, the ... .8.1999 passed by the Motor Accidents Claims Tribunal by which the Tribunal dismissed the application for compensation under Section 163-A of the Motor Vehicles Act, 1988, on the ground that the driver of the vehicle employed by the owner himself being involved in the accident and the death having been caused on his account, the jurisdiction of Motor Accidents Claims Tribunal was ...

Sep 03 2007

United India Insurance Co. Ltd. reptd. by its Deputy Manager, K.S. Vai ...

  • Decided on : 03-Sep-2007

Court : Karnataka

Reported in : 2008ACJ2476; 2008(4)AIRKarR402; ILR2008(3)Kar3599; 2008AIHC2996(Kar); 2008ACJ2476(DB)

... co-wring the risk under W.C. Act is very much liable to pay compensation. When the deceased was to-welling is the lorry MH-10A 2286, there will be notional extension of employment and such a journey would be in the course of employment and within the meaning of proviso to Section 147 of Motor Vehicles Act. The appeal is dismissed. The amount in ... lorry bearing No. KA-37/2528 to bring the mechanic to get the vehicle repaired. On the way another lorry bearing No. MH-10/A-7286 hit against this lorry No. KA-37/2528.5. The facts clearly show that the deceased was employed in connection with the motor vehicle insured by the appellant. His journey of the deceased in the lorry bearing ... Workmen's Compensation Act, 1923 (8 of 1923) in respect of the death of, or bodily injury to, any such employee-(a) engaged in driving the vehicle, or(b) if it is a public service vehicle engaged as a conductor of the vehicle or in examining tickets on the vehicle or(c) if it is a goods carriage, being carried in the vehicle, or(ii) to ... No. CAK 7171.2. In the context of the above facts, whether the insurer of the lorry bearing No. CAK 7171 is liable to pay compensation?3. The proviso to Section 147 reads thus:Provided that a policy shall not be required-(i) to cover liability in respect of the dentil arising out of and in the course of his employment ...

Jan 12 2011

United India Insurance Co Ltd. Vs. Poongodi And Ors.

  • Decided on : 12-Jan-2011

Court : Chennai

... Workmen's Compensation Act, 1923. If the amount of such compensation is higher than the amount of 'no fault liability' under Section 140 of the Motor Vehicles Act, the insurer will not be liable to make the payment under Section 140 (5) of the Motor Vehicles Act. If the amount of no fault liability is higher, then no amount need be paid under Workmen's Compensation Act, as the ... Act.6. Having regard to this position, we deem it just to hold that insurer is liable to pay compensation payable in accordance with the provisions of Workmen's Compensation Act, 1923. If the amount of such compensation is higher than the amount of 'no fault liability' under Section 140 of the Motor Vehicles Act, the insurer will not be liable to make the payment under Section ... policy after it was found that the claim made before the Tribunal under the Motor Vehicles Act is not maintainable. The insurer appellant does not dispute the fact that the policy covers the liability of the insured to his employee under Workmen's Compensation Act. Under Section 3 of the Act, negligence of the Workmen who dies in an accident arising out of and ... Act, 1923 may be determined by this Court having regard to the extent of the coverage under the policy after it was found that the claim made before the Tribunal under the Motor Vehicles Act is not maintainable. The insurer appellant does not dispute the fact that the policy covers the liability of the insured to his employee under Workmen's Compensation Act. Under Section ...

Jul 23 1999

Akuli Charan Das and Anr. Vs. Commissioner for Workmen's Compensation ...

  • Decided on : 23-Jul-1999

Court : Orissa

Reported in : II(1999)ACC682; 2001ACJ1320; 1999(II)OLR375

... said that there was an accident involving the Tipper itself. Section 147 of the Motor Vehicles Act contemplates that the Insurance Company may be liable to cover the liability of the owner on account of death or bodily injury caused by or arising out of use of the vehicle in a public place. Though the act of breaking boulders to chips may be incidental for the ... been engaged for the purpose of loading and unloading of Tipper, and the act of breaking the boulders was for the purpose of loading and unloading of chips on to the Tipper, it cannot be said that there was an accident involving the Tipper itself. Section 147 of the Motor Vehicles Act contemplates that the Insurance Company may be liable to cover the liability of ...

Jun 28 2005

A. Manickam Vs. Raju and Ors.

  • Decided on : 28-Jun-2005

Court : Chennai

Reported in : III(2005)ACC843; 2006ACJ1544; 2005(3)CTC727; [2005(106)FLR1132]; (2005)IIILLJ820Mad

... Court answered the question whether the insurance policy lapses and the liability of the insurer ceases when the insured vehicle is transferred and no application/intimation as prescribed under Section 103-A of the Motor Vehicles Act was made/given. In that case, the appellant purchased the vehicle on 15.8.1974 and the accident took place on 18.5.1975. Even after the date of ... to his person and vehicle unless there is a novation. So far the third party risk is concerned the proprietary interest in the vehicle is not necessary and the public liability continues till the transferor discharges the statutory obligation under Sections 29-A and 31 read with Section 94 of the Act. Till he complies with the requirement of Section 31 of the Act the public liability ... the vehicle, the policy lapses and the obligation under Section 93 of the Act ceases. In fact as observed by Supreme Court, the policy is to the vehicle and hence normally it should run with the vehicle. It is just to expect a reasonable time for the transferor to make the necessary arrangement to notify the transfer under Section 31, and secure the certificate under Section ... under Sections 29-A and 31 read with Section 94 of the Act. Till he complies with the requirement of Section 31 of the Act the public liability will not cease and that constitutes the insurable interest to keep the policy alive in respect of the third party risks are concerned. It must be deemed that the transferor allowed the purchaser to use the vehicle ...

Dec 24 2004

Soman Vs. K.S.R.T.C.

  • Decided on : 24-Dec-2004

Court : Kerala

Reported in : 2005(3)KLT450

... the expenditure of the Corporation exceeds the income from the various services operated by the Corporation. Reliance is placed on the provisions of the Motor Vehicles Act, particularly Section 67 of the Act and also Section 23 of the Road Transport Corporation Act to show that the State Government has got certain duties towards the State Transport Corporation. It is specifically stated that the unhelpful attitude betrayed ... Reference is made to the provisions of the Indian Penal Code defining 'criminal breach of trust' and the provision for punishing the offender. I consider it, therefore, useful to extract Section 405 of the Indian Penal Code which reads:'405. Criminal breach of trust.-- Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates ... private employer, the authorities would have taken appropriate action not only to see that the amount is paid in time but also to prosecute the employer for offence punishable under Section 406 of the Indian Penal Code. But in the case of the statutory corporation which is a public sector undertaking, no such action is taken, submits the counsel. Even ... the petitioners that had the same lapses been committed by a private employer, the authorities would not have spared him and would have taken action to prosecute the trustee invoking Section 406 of the I.P.C. cannot be brushed aside as irrelevant. Anyway, I do not want to dwell more on that aspect, because the issue here is not ...

Dec 08 1981

D. Jayamma and Anr. Vs. S. Govindaswamy and Ors.

  • Decided on : 08-Dec-1981

Court : Karnataka

Reported in : [1984]54CompCas879(Kar); ILR1982KAR550; 1982(1)KarLJ375

... present one either under the Motor Vehicles Act or under the Workman's Compensation Act, But a careful reading of the section would reveal that an application under s. 110A would be under the Motor Vehicles Act only where the facts give rise to such a claim under the provisions of the Motor Vehicles Act. 11. To make a claim under the provision of the Motor Vehicle Act, it is necessary ... section would reveal that an application under s. 110A would be under the Motor Vehicles Act only where the facts give rise to such a claim under the provisions of the Motor Vehicles Act. 11. To make a claim under the provision of the Motor Vehicle Act, it is necessary to plead and prove that the accident was the result of rash and negligent driving of the vehicle ... those Acts but not under both.' 10. It is no doubt true that, at first blush, it appears that the claim could be made in a case like the present one either under the Motor Vehicles Act or under the Workman's Compensation Act, But a careful reading of the section would reveal that an application under s. 110A would be under the Motor Vehicles Act ... Motor Vehicle Act could not be entertain on the facts of this case where the accident was the result of rash and negligent driving of the lorry by the deceased himself. 9. Section 110AA of the Motor Vehicles Act reads : 'Notwithstanding anything contained in the Workman's Compensation Act, 1923, where the death of bodily injury to any person gives rise to a claim for compensation under this act ...

May 16 1996

Smt. Rampati Jaiswal and etc. etc. Vs. State of U.P. and others

  • Decided on : 16-May-1996

Court : Allahabad

Reported in : AIR1997All170

... the petitioner. Thus under the pretext of taking diesel the vehicle of the peti-tioner goes out of the route 15 kms. up and 15 kms. down. Petitioner is plying her vehicle daily 30 kms. off the route on which she had been granted permit under the provisions of the Motor Vehicles Act, 1988, hereinafter called the Act. The route of the petitioner originates from Allahabad and ... filling the diesel etc. the Motor Vehicle Act, 1939, hereinafter called the Ac! of 1939 was amended by the Parliament by Act No. 56 of 1969, which was enforced with effect from 2-3-1970 and by the said amendment the words 'whether or not such vehicle is actually carrying any passenger or goods' were inserted in Section 42 of the said Act of 1939. The ... of Section 86 of the Act and action can be taken against the permit holder under the provisions of Section 192 of the Act which provides that if any person drives a motor vehicle in contravention of the provisions of Section 39 or without the permit as required by Section 66(1) or in contravention of any conditions of such permit relating to the route on which the vehicle ... Petitioner is plying her vehicle daily 30 kms. off the route on which she had been granted permit under the provisions of the Motor Vehicles Act, 1988, hereinafter called the Act. The route of the petitioner originates from Allahabad and ends at Kunda and there is no scarcity of diesel, service stations for washing and cleaning or garage for repairing the vehicle either at Allahabad or ...

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