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Search Results Judgments > Act:MOTOR VEHICLES ACT, 1988 Section 132 Court:Karnataka

Sep 15 1990

Mohammed Illyas Vs. Union of India (UO I)

  • Decided on : 15-Sep-1990

Court : Karnataka

Reported in : ILR1991KAR2804

... Act i.e., Motor Vehicles Act, 1988. As far as the Notification dated 13-11-1986 is concerned, the same has been saved having regard to the provisions contained in Section 217(2)(a) of the Act.3(a). In view of the fact that Section 200 of the Act contains the provisions similar to Section 127B of the 1939 Act and also that the Act ... take cognizance of the offence, subject to the overriding provision of Section 132 of 'the Motor Vehicles Act which provides that no Court inferior to that of a Metropolitan Magistrate or a Magistrate of the Second Class shall try any offence punishable under the Motor Vehicles Act or any Rule made thereunder. Section 4(2) of the Code of Criminal Procedure provides that ... Act (Motor Vehicles Act, 1988) with effect from 1st July, 1989, some of the petitioners made written applications to seek appropriate amendments having regard to the repealing of the 1939 Act and re-enacting of the similar provisions in the Act i.e., Motor Vehicles Act, 1988. As far as the Notification dated 13-11-1986 is concerned, the same has been saved having regard to the provisions contained in Section ... Motor Vehicles Act, 1988. As far as the Notification dated 13-11-1986 is concerned, the same has been saved having regard to the provisions contained in Section 217(2)(a) of the Act.3(a). In view of the fact that Section 200 of the Act contains the provisions similar to Section 127B of the 1939 Act and also that the Act contains many provisions regarding control of the vehicles ...

Oct 04 1993

State of Karnataka Vs. Mohammed Illyas

  • Decided on : 04-Oct-1993

Court : Karnataka

Reported in : ILR1993KAR2812; 1994(3)KarLJ628

... Motor Vehicles Act, 1939 and Motor Vehicles Act, 1988 in so far as they seek to compound the offences under Section 127-B of the Motor Vehicles Act of 1939 analogous to Section 200 of the 1988 Act, They further project a question as to under what circumstances the concerned motor vehicles plying under tourist vehicle permits issued under the aforesaid Acts can be seized and detained by those authorities in exercise of their powers under Section ... Section 132 of the Motor Vehicles Act which provides that no Court inferior to that of a Magistrate of the second class shall try any offence punishable under the Motor Vehicles Act or any rule made thereunder'.The aforesaid observations of the Supreme Court on a pari materia Section of 1939 Act ... Section 200 & 207 of the Motor Vehicles Act, 1988?5. Whether operators of the tourist vehicles are entitled to a declaration that the tourist vehicles under valid tourist permits for countrywide operation between one terminus in home State and another terminus in another State are not liable to be seized and detained under the provisions of Section 129-A of the Motor Vehicles, Act, 1939 or under Section 207 of the Motor Vehicles Act, 1988 ...

Sep 28 2007

S. Venkataramulu Vs. State of Karnataka

  • Decided on : 28-Sep-2007

Court : Karnataka

Reported in : ILR2007KAR5382; 2008(4)KarLJ214; 2007(4)KCCRSN303

... Sections 279, 304-A IPC and under Section 132 read with Section 187 of the Motor Vehicles Act. The accused pleaded not guilty. The prosecution led the evidence by examining P.Ws.1 to 9 and in their evidence got marked Exs.Pl to P8 and M.0.1. On the closure of the evidence by the prosecution, the statement of the accused was recorded under Section ... the deceased by not taking his cycle to the extreme left side of the road. As could be seen from the provisions of the Motor Vehicles Act, Rules and the Regulations, nowhere it has been provided that a cyclist has to be on the left side of the road. The provisions ... act on the part of the petitioner.15. At this stage, I feel it is just and proper to make an observation that in the motor vehicle accident cases, the Investigating Officers have a duty to collect and incorporate certain particulars as regards the circumstances existing at the spot of the accident. This is a case wherein the vehicle ... not been disputed by the petitioner in the cross-examination of P.W.3. After the accident, the bus in question was examined by the Motor Vehicles Inspector-P.W.7 and Ex.P6 is the report, which reveals that the accident was not due to any mechanical defect. There is ... of the Courts below and also sufficient material to prove the rash and negligent act of the petitioner beyond reasonable doubt and hence submits to dismiss the revision.7. The petitioner in his statement under Section 313 Cr.P.C. has denied the occurrence of the accident and states that ...

Dec 08 2003

New India Assurance Co. Ltd. Vs. Gangarasaiah and Anr.

  • Decided on : 08-Dec-2003

Court : Karnataka

Reported in : 2004ACJ1846; ILR2004KAR413

... Ram Mohan Reddy, J 1. This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short the 'Act'), is filed by the insurer of the motor vehicle involved in the accident, calling in question the Judgment and award dated 30.5.2003 passed in MVC No. 259/2000 on the file of the Court of the Prl. ... the evidence of the respondent with regard to the breach of terms of conditions of policy, it is noticed that RW-1 did not place any material covered by Section 19, 20, 132, 134 and 185 of SER in order to substantiate disqualification to hold the licence. The specific contention of disqualification taken by the appellant, the burden is also on the ... pay the compensation under the policy and under Section 2 of Section 149 of the Act, the burden is required to be discharged by the Insurance Company.12. The Apex Court in the case of SCANDIA INSURANCE COMPANY LIMITED v. KOKILABEN CHANDRAVADAN AND ORS., : [1987]2SCR752 observed as follows:'Section 96(2)(b)(ii) of the Motor Vehicles Act, 1939, extends immunity to the insurance Company only ... the insured owners of offending motor vehicles that cause such accidents wherein the insured owners of the vehicles do not themselves commit breach of any such condition and hand over the vehicles for driving to licensed drivers who on their own and without permission, express or impled, of the insured, hand over vehicles or act in a such a way that the vehicles get available to unlicensed ...

Feb 08 1984

S. Narayana Bhatta Vs. The State of Karnataka and Ors.

  • Decided on : 08-Feb-1984

Court : Karnataka

Reported in : AIR1986Kant7; 1985(2)KarLJ157

... the writ petition.2. The petitioner is a. Tourist Operator. He is operating his tourist vehicles under special permits under the provisions of S. 63(6) of the Motor Vehicles Act (hereinafter be referred to as the Act). According to the case of the petitioner, the 3rd respondent is collecting Rs. 50/- for ... sec. (2) of S. 68 read with S. 132A of the Act, covers the prescription of fee of Rest. 50/- for the grant, renewal or endorsement thereof or extension of the permit in respect of each vehicle. S., 132A of the Act, specifically provides that any rule which the Central Government or the State Government is empowered to make under this Act ... Motor Vehicles Act (hereinafter be referred to as the Act). According to the case of the petitioner, the 3rd respondent is collecting Rs. 50/- for each application filed by the petitioner for grant of a special permit, and in addition to this, the 3rd respondent is also insisting that for issuing each special permit, a sum of Rs. 50/- per vehicle ... without insisting upon the payment of grant-fee and also to declare that the word' grant occurring in R. 120(iv) of the Karnataka Motor Vehicles Rules, 1963 (here in after be referred to a s the 'Rules'), is null and void and to strike down the same. He has ... of each vehicle as is provided by R. 120(iv) of the Rules. Therefore, it is contended that R. 120(iv) of the Rules is beyond the competence of the rule making power. It is submitted that Cal. (g) of sub-sec. (2) of S. 68 of the Act, only provides ...

Dec 03 1997

D.S. Ramachandra Reddy Vs. Union of India and Others

  • Decided on : 03-Dec-1997

Court : Karnataka

Reported in : ILR1998KAR2696; 1997(4)KarLJ566

... vii) stating that he had violated the provisions of the Motor Vehicles Act and directed him to appear before the Traffic Court on 30-7-1994. The appellant while challenging the said notice, sought a writ in the nature of mandamus striking down Section 130 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') insofar as it relates to the production of the ... Government, it shall be a sufficient compliance. Section 132 obligates that the driver of a motor vehicle shall cause the vehicle to stop and remain stationary for reasonable time, when required by the police officer, where the vehicle is suspected to have involved in the occurrence of an accident to a person, animal or vehicle or of damage to property and he ... Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') insofar as it relates to the production of the driving licence, immediately on demand made by the police officer in uniform, as unconstitutional. Consequently, he sought for quashing of notice in Annexure-A dated 23-7-1994. 4. The Counsel for the appellant contended that the power given to the police or other Authorities under Section ... that arise for our consideration are: (i)Whether Section 130 of the Motor Vehicles Act of 1988 is unconstitutional? (ii)Whether notice issued in Form No. 298(vii) is liable to be quashed? 8. To appreciate the above contentions, it is apposite to refer some of the relevant provisions of the Act. Sub-section (2) of Section 2 defines 'driving licence', means the ...

Jan 16 2004

Divisional Manager, United India Insurance Company Limited Vs. Gujjamm ...

  • Decided on : 16-Jan-2004

Court : Karnataka

Reported in : III(2004)ACC327; 2005ACJ1712; [2004(102)FLR693]; 2004(4)KarLJ37

... under Section 147 of the Motor Vehicles Act, 1988 read with the identical provision under the very contract of insurance reflected by the policy which would make the Insurance Company liable to cover such claims for compensation for which the statutory liability is imposed on the employer under Section 3 read with Section 4-A of the Act.11. In view of Section 3(1) of the Act, ... is so, the legal heirs of Nagaraja will certainly be entitled to initiate proceedings under the Motor Vehicles Act, 1988 to claim compensation, if so advised.16. The appeal is allowed. The impugned judgment and award dated 25-1-2002 passed in Case No. CWC:CR:132/2001 is set aside and the application for compensation by the legal heirs of deceased Nagaraja ... have taken place. In the proceedings before the Commissioner, it is noticed, the appellant has secured permission under Section 170 of the Motor Vehicles Act, 1988 to raise all such defences as are available to the employer, insured.10. Section 3(1) of the Workmen's Compensation Act takes into its fold a 'mishap' or untoward event not expected or designed. The death or any ... to pay compensation under the Act gets foisted on the employer provided it is shown that the workman concerned suffered from personal injury fatal or otherwise by any accident arising out of and in the course of his employment. Such an accident is also covered by the statutory coverage contemplated under Section 147 of the Motor Vehicles Act, 1988 read with the identical provision ...

Sep 23 1998

The Oriental Insurance Company Vs. Mohammed Sab Ali Sab Kaladagi and O ...

  • Decided on : 23-Sep-1998

Court : Karnataka

Reported in : 2000ACJ1223; ILR1999KAR2100

... renewed on the date of accident, he did not suffer from any disqualifications. As such there was no violation of the condition enumerated in the policy. According to Section 149(2) of the Motor Vehicles Act, the Driver must suffer from disqualification, otherwise the Insurance Company is estopped from taking up any other contentions than satisfying the award. In the light of these rival ... . It is oft-quoted that the duty is to provide the light and not to generate heat. Unless the Insurance Company can place any of the materials covered by Section 19, 20, 132, 134 and 185, it can never be said that there was any disqualification to hold the licence. It goes without saying that when the specific contention of disqualification is ... was disqualified. No material evidence is adduced in this direction.7. In the case of SKANDIA INSURANCE COMPANY LTD v. KOKINABEN CHANDRAVADAN, : [1987]2SCR752 is it held as follows:-Motor Vehicles Act (4 of 1939), Sections 96(1)(2)(b)(ii) 94 and 84 - Accident - award - liability of insurer to satisfy - Exclusion of clause in policy prohibiting driving by person other than one holding ... , granting of licence, currency of licence to drive the motor cycle, renewal of driving licence. The renewal of driving licence has been covered under Section 2, 10, 3, 9, 14, and 15. Its validity is covered by Sections 19, 20, 132, 134 and 185 of the Act. It is not necessary to reproduce all these sections. What is required in this appeal is that whether on ...

Apr 08 2004

The Oriental Insurance Company Limited Vs. Smt. K. Sundaramma alias Su ...

  • Decided on : 08-Apr-2004

Court : Karnataka

Reported in : II(2005)ACC49; IV(2005)ACC169; 2005ACJ797; 2004(6)KarLJ637

... motor vehicles. The provisions of compulsory insurance coverage of all vehicles are with this paramount object and the provisions of the Act have to be so interpreted as to effectuate the said object.(ii) Insurer is entitled to raise a defence in a claim petition filed under Section 163 or Section 166 of the Motor Vehicles Act, 1988, inter alia, in terms of Section 149(2)(a)(ii) of the said Act ... . Unless the Insurance Company can place any of the materials covered by Sections 19, 20, 132, 134 and 185 of the Act, it can never be said that there was any disqualification to hold the licence. In any event, it is not the case of the appellant that the rider of the motor- cycle did not know how to ride. We are unable to ... No. 2839 of 2000 on the file of the Motor Accidents Claims Tribunal, Bangalore (for short, the 'MACT), has preferred this appeal under Section 173(1) of the Motor Vehicles Act, 1988 (for short, the 'Act').2. It is not in dispute that one Neelakantha succumbed to the fatal injuries on 30-7-2000 involving the motor vehicle being a motor-cycle bearing registration No. KA. 04.H.9346 belonging ... raise a defence in a claim petition filed under Section 163 or Section 166 of the Motor Vehicles Act, 1988, inter alia, in terms of Section 149(2)(a)(ii) of the said Act.(iii) The breach of policy conditions, e.g., disqualification of driver or invalid driving licence of the driver, as contained in Sub-section (2)(a)(ii) of Section 149, have to be proved to have been ...

Jul 04 2011

Manager Oriental Insurance Co. Ltd. Vs. Nagesh and Another

  • Decided on : 04-Jul-2011

Court : Karnataka

... Motor Vehicles Act, 1988. The said section 96(xxxi) mandates that no person shall be carried in a goods vehicle and the State is authorized to make Rules in that behalf. The State of Karnataka in exercise of its delegated powers u/s.96 (xxxi) of the M.V.Act 1988 read with all sovereign powers has framed Karnataka Motor Vehicles Rules, 1989 which comprises Rule 100 of the Karnataka Motor Vehicles ... the Apex court. In that view of the matter, the principles of stare decicis as held by the Supreme Court in the decision reported in (2011 (2) Supreme Court Cases 132 (Shanker Raju vs. Union of India) would squarely apply. The Apex Court in the said decision has held as follows:- The doctrine of stare decisis 10. It is a settled ... rule shall not apply to motor vehicles registered under Section 60. (6) No person other than an attendant or attendants required by Rule 226 shall be carried on a trailer which is a goods vehicle. 13. These rules have been framed by the State of Karnataka in exercise of the powers conferred u/s.96(xxxi) of the Motor Vehicles Act, 1988. The said section 96(xxxi) mandates that ... vehicle rests. (5) The provisions of this rule shall not apply to motor vehicles registered under Section 60. (6) No person other than an attendant or attendants required by Rule 226 shall be carried on a trailer which is a goods vehicle. 13. These rules have been framed by the State of Karnataka in exercise of the powers conferred u/s.96(xxxi) of the Motor Vehicles Act, 1988 ...

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