Motor Vehicles Act, 1988 – S. 163A – Whether in a claim proceeding u/s. 163 A it is open for the Insurer to raise the defence / plea of negligence? – Held, in a proceeding u/s. 163A of the Act it is not open for the Insurer to raise any defence […]
Motor Vehicles Act, 1988 – Ss. 163A & 166 – Permanent Job – While determining the income, an addition of 50% of actual salary to the income of the deceased towards future prospects, where the deceased had a permanent job and was below the age of 40 years, should be made. […]
Motor Vehicles Act, 1988 – S. 56, 64, 65 & 86 – Central Motor Vehicles Rules, 1989 – R. 73 – Motor Vehicles Rules, 1989 (Kerala) – Rr. 105 & 186 – Certificate of Fitness of Transport Vehicles – Power of Central & State Governments to make rules – Cancellation and Suspension of […]
Motor Vehicles Act, 1988 – Ss. 2(38), 100 & 102 – Route – Objection to the proposal – Cancellation or modification of scheme – Merely by identifying path of traverse in the notified route by the statutory authority, it will not in any manner infracts the power conferred on the State […]
Unless a person satisfies the licencing authority on that score and obtains proper authorisation for driving a commercial vehicle, he cannot be stated to be in possession of a valid and effective driving licence.
If a person has a case that he has not used or kept for use a motor vehicle and he should be exempted from paying tax, his only remedy is to submit an intimation in writing to the Regional Transport Officer in terms of Sec.5(1).
Whether an insurer can prefer an appeal under Section 173 of the M.V.Act against an award of a Claims Tribunal challenging the quantum of compensation awarded when the insurer had not obtained permission under Section 170 of the Motor Vehicles Act to contest the matter before the Tribunal on all […]
Motor Vehicles Act, 1988 – Section 168 – A victim in a motor accident, who sustained injuries resulting disabilities has to be adequately compensated for the incidental expenses, including expenses towards future treatment, so as to enable him to recover from the disabilities caused by the tort feasor. However, while awarding […]
Motor Vehicles Act, 1988 – Section 140 – Liability to pay compensation in certain cases on the principle of no-fault – Maintainability of the petition – the plea of the appellant that the deceased was the victim of his own negligence and on account thereof, the claimants were not entitled to seek relief […]
The Supreme Court of India in Montford Brothers Of St. Gabriel Vs. United India Insurance; AIR 2014 SC 1550 : (2014) 3 SCC 394 : 2014 (1) SCR 835 : JT 2014 (2) SC 488 : 2014 (1) SCALE 645 held that if a person who has renounced family to serve a religious […]