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 : 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 : 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!
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 : Karnataka
Reported in : ILR1991KAR2804
..... rules in so far they empower any officer of the motor vehicle department of and above the rank of inspector of motor vehicles to exercise the power under section 200 of the motor vehicles act, 1988 are violative of articles 14 and 19(1)(g) of the constitution?2) whether the notification bearing no. ftd 18 tmr 85 dated 13-11-1986 is liable to be quashed being ..... these petitions under articles 226 and 227 of the constitution, the petitioners - operators of the tourist, vehicles or stage carriages have sought for a declaration that the provisions of section 200 of the motor vehicles act, 1988 (hereinafter referred to as 'the act') and rule 259(2) of the karnataka motor vehicles rules, 1989 (hereinafter referred to as 'the rules') are violative of articles 14 and 19( ..... violative of articles 14 and 19(1)(g) of the constitution?3) whether the operators of the tourist vehicles ..... are entitled to a declaration that the tourist vehicles .....Tag this Judgment!
Court : Rajasthan
Reported in : 1992(3)WLC369; 1992(2)WLN372
..... 'the act') and operating the same in accordance with the provisions of rules 83, 84 and 85 of the central motor vehicles rules, 1989.3. in exercise of the power conferred by the ..... act, the central government as well as the state government have made the rules. the ..... granted permits in respect of tourist vehicles valid for the whole of indian incontiguous states including the home state i.e. rajasthan. a list of permit given to him is attached to the writ petition as annex. 1. he was maintaining the tourist vehicles in accordance with the provisions of sub-section (ii) of section 88 of the motor vehicles act, 1988 (hereinafter to be referred to as .....Tag this Judgment!
Court : Kerala
..... the contention that the insurance company will have to be allowed right of recovery under section 149(4) of the motor vehiclesact. the point whether the provisions of motor vehicles act, 1988, especially chapter mfa nos.85/09 & 219/2010 7 xi will apply to proceedings under workmen's compensation act, 1923 arose for consideration therein. the apex court examined the various provisions of the ..... insurer as well as the mfa nos.85/09 & 219/2010 16 defences under section 149(2) of the act and benefit of recovery from the insured under section 149(4) of the act.17. in fact, a division bench of this court had referred the question of applicability of the provisions under section 157 of the motor vehicles act, 1988 for consideration before a full bench, ..... mainly contend for the position that the driver of the vehicle involved in the accident was not duly licensed and therefore, being a defence under section 149(2)(a) of the motor vehicles act, 1988, as provided under section 149(4), the recovery from the insured is permissible.5. in m.f.a. no.85/2009, the details of the case will show that the ..... two acts in that context. their lordships, in paragraph 12 referred to section 143 of the act, 1988. going by the said provision, chapter .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : IV(2005)ACC158,2007ACJ202
..... be taken as rs. 15,000 per annum as per second schedule of the act. it was mentioned that in her case the compensation payable under section 163-a as per second schedule to motor vehicles act, 1988 was rs. 2,85,000. after deducting v3rd, i.e., rs. 95,000 the amount payable ..... similarly disability certificate must be proved in accordance with law. it is only thereafter that the award can be made under section 163-a.22. section 140 of the motor vehicles act, 1988 provides for payment of interim compensation and not final compensation. a division bench of this court in himachal road trans. ..... mortem report were filed.7. on 28.2.1997 counsel for petitioners made a statement that compensation be awarded under section 163-a read with second schedule to motor vehicles act, 1988. the matter was argued on 13.6.1997 and without framing any issues or recording any evidence the award ..... 166 of the act ..... was rs. 1,90,000. in addition thereto a claim was made for rs. 2,000 on account of funeral expenses, rs. 2,500 for loss to estate and rs. 2,000 for medical expenses. under section .....Tag this Judgment!
Court : Karnataka Dharwad
..... the labour officer and commissioner for workmen ??s compensation, sub-division-ii, hubli, awarding compensation of rs. 1,85,951/- along with interest at the rate of 12% p.a. this miscellaneous first appeal filed under section 173(1) of motor vehicle act, 1988, against the judgment and award dated 16.4.2009 passed in mvc no. 75/2008 on the file of the ..... 3. a ??driving licence ? is defined under section 2(10) of the motor vehicles act, 1988 (hereinafter referred to as the ??mv actmv actmv act ??, for brevity) as meaning a licence issued by the competent authority prescribed, authorizing a person to drive a motor vehicle of a specified class or description. 4. section 3 of the mv actmv actmv act prohibits a person from driving a ??transport vehicle ? , unless his driving licence specifically entitles him ..... haveri, awarding the compensation of rs. 1,42,330/- along with interest at 12% from the date of the petition till deposit. this miscellaneous first appeal filed under section 173(1) of motor vehicle act, 1988, against the judgment and award dated 07.01.2010 passed in mvc no. 412/2008 on the file of the civil judge (sr.dn.) and member, mact, ..... the compensation of rs. 5,89,000/- with interest at 6% p.a., from the date of the petition till realisation. this miscellaneous first appeal filed under section 173(1) of motor vehicle act, 1988, against the judgment and award dated 23.09.2009 passed in mvc no. 10/2009 on the file of the additional mact., honavar, awarding the compensation of rs .....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!