AI Overview...
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Motor Vehicles Act, 1988 - Section 173 - Death and Compensation
Main points: An appeal was filed against a tribunal's award in a case involving death due to a vehicular accident. The court enhanced the compensation awarded to the claimants, affirming the liability of the vehicle owner or insurer in fatal accidents. Kaustav Gogoi VS Bharati Gogoi - Gauhati -
Section 140 - Retrospective Operation
Main points: The applicability of Section 140 of the Motor Vehicles Act, 1988, regarding claims arising from accidents under earlier legislation (Motor Vehicles Act, 1939), was examined. The question centered on whether Section 140 has retrospective effect. New India Assurance Company Limited VS Yasoda Devi - Patna -
Section 163-A - Liability and Defense in Claims
Main points: Insurers can raise defenses such as negligence in claims under the Motor Vehicles Act, 1988. The case discusses the legal position that negligence claims are permissible and supported by judgments like Sunil Kumar (2014) SCC 680. Oriental Insurance Co. Ltd. VS Pani Devi W/o Bhanwarlal - Karnataka -
Section 68F - Permits and Scheme Publication
Main points: The case involves the issuance and cancellation of permits under Section 68F, including the procedural aspects of publishing draft schemes and the rights of applicants. The validity of schemes and permits issued or canceled was challenged. K. T. Dharanendrah VS Regional Transport Authority - Supreme Court, Madan Lal VS M. P. State Road Transport Cor-poration, Bairagarh, Bhopal - Supreme Court, Duley Singh VS The State of U. P. - Allahabad -
Section 166 - Claims for Compensation
Main points: Claimants, including respondents in a petition, sought compensation under Section 166 for accidents caused by rash or negligent driving. The case underscores the statutory right to claim damages following vehicular accidents. Kishori Lal VS Nandika - Himachal Pradesh -
Insurance and Policy Coverage under Section 147(1)
Main points: An insurer's liability under Section 147(1) was discussed, especially regarding policies issued to drivers not classified as employees but operating vehicles. The case clarifies the scope of insurance coverage during driving. The Oriental Insurance Co. Ltd VS P. A. Davis - Kerala -
Granting of Permits and Conditions under Sections 47(3) and 62(1)
Main points: The regional transport authority's powers to fix permit conditions and the procedural requirements for granting permanent or temporary permits were analyzed, including restrictions when applications for permanent permits are pending. Turabuddin Haji Niaz Ahmad VS The Commissioner, Meerut Division, Meerut - Allahabad
Analysis and Conclusion:
The Motor Vehicles Act, 1988, provides a comprehensive legal framework for regulating vehicular operation, liability, permits, and claims. Key provisions like Sections 166, 173, 140, 147(1), 68F, and 47(3) govern accident claims, liability, scheme publication, and permit issuance. The Act emphasizes the rights of claimants to compensation, the insurer's defenses, and procedural norms for permits, with judicial rulings reinforcing the Act’s provisions and clarifying legal interpretations to ensure accountability and proper regulation within the vehicular transport sector.
Search Results for "Motor Vehicles Act Hereinafter Referred"
2018 0 Supreme(Gau) 832 • India - Gauhati
KALYAN RAI SURANA
Motor Vehicles Act, 1988 - Section 173 - Death - Accident - This appeal Section of Motor Vehicles Act hereinafter ... referred to preferred against judgment and award passed by Member Motor Accident Claims Tribunal in Case whereby award was passed ... in favor of appellants claimants on death their father in motor vehicular accident – Held, Appeal stands allowed by enhancing award ... This appeal ....
1996 0 Supreme(Pat) 432 • India - Patna
M.Y.EQBAL
MOTOR VEHICLES ACT - Sec. 140 - Retrospective operation - Whether Sec. 140 of the Motor Vehicles Act, 1988 (hereinafter referred ... of 1988 in respect of a claim arising out of an accident occurred when the Motor Vehicles Act 1939 (hereinafter referred to as " ... to as "the Act of 1988") shall have retrospective operation? ... The question in....
2019 0 Supreme(Kar) 1490 • India - Karnataka
S.SUNIL DUTT YADAV
Vehicles Act hereinafter referred to as Act it is open for insurer to raise defense plea negligence has categorically that insurer ... Motor Vehicles Act, 1988 - Section 163-A - Injuries - Charge sheet - Accident - Whether negligence claimant ... of law that had been referred there is no necessity to refer to judgments relied on by insurer which are subject to law as laid ... SUNIL KUMAR AND ANOTHER reported in (2014) 1 SCC 680 whil....
1987 0 Supreme(SC) 203 • India - Supreme Court
E.S.VENKATARAMIAH, K.N.SINGH
Vehicles Act hereinafter referred to as Act - It is not necessary to set out entire history of this case - When matter came to High ... Motor Vehicles Act,1988 - Section 68(F)(IC) – Accident – Claim ... other person who has obtained permits under S. 68F(1A) or S. 68F(1C) as case may be as a consequence of publication of draft scheme referred ... The appellant was an applicant for a temporary permit to ply a stage carriage on the rou....
1986 0 Supreme(SC) 333 • India - Supreme Court
E.S.VENKATARAMIAH, O.CHHINNAPPA REDDY
Vehicles Act (hereinafter referred to as the Act) by the Madhya Pradesh Road Transport Corporation proposing to run its vehicles ... Motor Vehicles Act - Section 68 – Quash of order – Claim of ... IN this writ petition the petitioner has questioned the validity of a draft scheme bearing published under Section 68-C of the Motor ... (1) IN this writ petition the petitioner has questioned the validity of a dr....
2022 0 Supreme(HP) 690 • India - Himachal Pradesh
SATYEN VAIDYA
Respondents No.1 to 4 herein preferred petition under Section 166 of Motor Vehicles Act (hereinafter referred to as the “Act”) claiming ... Motor Vehicles Act - Section 166 – Accident - Acts of rashness and negligence in driving - Claim compensation ... - Vehicle bearing registration No. ... Respondents No.1 to 4 herein (hereinafter referred to as “claimants”) #....
1976 0 Supreme(All) 354 • India - Allahabad
R.M.SAHAT, C.S.P.SINGH
By subsequent notifications, the permits held by the petitioners were cancelled under Section 68-F of the Motor Vehicles Act (hereinafter ... referred to as the Act). ... The schemes, though proposed by the State Transport Undertaking of Uttar Pradesh (hereinafter referred to as the Undertaking), received ... By subsequent notifications, the permits held by the petitioners were cancelled under Section 68-F of the Motor Veh....
2003 0 Supreme(AP) 1491 • India - Andhra Pradesh
S.R.K.PRASAD, B.PRAKASH RAO
is placed before this Bench - An accident occurred after commencement of Motor Vehicles Act, 1988, hereinafter referred to as Act ... Motor Vehicles Act, 1988 - Section 166 - Owner of a vehicle can make a claim not only for damages - Challenged ... - Owner of vehicle claimed business loss of Act - This is challenged by Insurance Company - This Court has to consider whether busine....
2006 0 Supreme(Ker) 668 • India - Kerala
THOTTATHIL B.RADHAKRISHNAN
, who had issued a policy of insurance governed by S.147(1) of the Motor Vehicles Act, 1988, hereinafter referred to as the "M.V.Act ... Workmens Compensation Act 1923 - Section 3(1) - Motor Vehicles Act 1988 - Section 147(1) - Is an insurer ... while driving a motor vehicle, though he was not employee, specifically, as a driver - Held, S.147(1) of the M.V.Act, ....
1971 0 Supreme(All) 173 • India - Allahabad
K.N.SINGH
Under S.47(3) of the Motor Vehicles Act, hereinafter referred to as the Act the regional transport authority fixed the strength of ... Permits Cannot be Granted - Motor Vehicles Act, 1939, S. 62(1), Proviso. ... MOTOR VEHICLES ACT - Temporary Permits - Grant of - Conditions Precedent - Applications for Permanent Permits Pending - Temporary ... Under S.47(3) of the Motor....
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