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Search Results for "transport vehicle licence"

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High Court

High Court of Bombay Allows Insurer's Appeal in Part, Setting Aside Direct Liability for Compensation in Motor Accident Claim Due to Breach of Policy Condition. Insurer Established That Driver Lacked Valid Motorcycle Licence, But Directed to First Pay Claimant and Then Recover from Insured and Driver.

2 Dec 2010

The National Insurance Company appealed against the judgment and award of the Motor Accident Claims Tribunal, Panaji, which had granted compensation o...

High Court

Bombay High Court Allows Appeal by Owner in Motor Accident Claim — Insurance Company Liable Despite Invalid Driving Licence Due to Lack of Owner's Knowledge. Employer Not Required to Verify Licence Validity for Transport Vehicle When Driver Produced Licence.

23 Aug 2019

The appeal arises from a judgment of the Motor Accident Claims Tribunal (MACT), Chandrapur, in Motor Accident Claims Petition No. 120/2006. The deceas...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Cases — Reduces Compensation Due to Absence of Valid Driving Licence and Breach of Policy Conditions. The Court held that the Insurance Company is not liable to pay compensation when the driver did not hold a valid driving licence, but directed pay and recover from the owner under Section 149 of the Motor Vehicles Act, 1988.

30 Nov -0001

The present appeals arise out of three separate claim petitions filed under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for inju...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Owner with Valid Learner's Licence Not Liable for Compensation; Insurance Company Directed to Pay and Recover. Learner's Licence Held Valid Driving Licence Under Motor Vehicles Act, 1988; Breach of Rule 3 of Central Motor Vehicles Rules, 1989 Not Established as No Evidence of Contravention.

3 Feb 2025

The appellant, Ku. Nilima Dakhane, was the owner of a Kinetic Nova scooter involved in an accident on 10.04.2003, in which respondent No.2, Pandurang ...

High Court

High Court of Karnataka Allows Insurer's Appeal in Motor Accident Claim — Violation of Policy Condition by Driving Without License. Insurer Not Liable to Indemnify Owner for Third-Party Claim When Owner Drove Vehicle Without Valid Driving License, Breaching Policy Condition Under Motor Vehicles Act, 1988.

23 Nov 2017

The case involves an appeal by The Oriental Insurance Co. Ltd. against the judgment and award dated 28.06.2016 passed by the II Additional Senior Civi...

High Court

High Court of Karnataka Dismisses Bus Operators' Challenge to RTO Circular on Contract Carriage Permits — Circular Held Valid as Clarificatory and Not Imposing New Conditions. The court held that the impugned circular dated 19.02.2025 is merely clarificatory and does not impose any new conditions beyond those under Section 74 of the Motor Vehicles Act, 1988.

2 Jun 2025

The petitioners, an association of bus operators and individual bus operators holding contract carriage permits under the Motor Vehicles Act, 1988, ch...

High Court

High Court of Bombay at Nagpur Upholds Compensation in Motor Accident Claim Despite Unlicensed Driver — Owner's Vicarious Liability Affirmed for Leaving Ignition Key in Vehicle. The court held that the owner's negligence in leaving the ignition key in the vehicle made him vicariously liable for the accident caused by an unlicensed driver, and the insurer was liable to pay compensation with recovery rights.

19 Jul 2013

The case arises from a motor accident claim petition filed by the widow and son of Lomeshwar Tamgadge, who died in a road accident on 21 December 1997...

High Court

Karnataka High Court Allows Insurance Company's Appeal and Dismisses Claimant's Cross-Objection in Motor Accident Claim — Vehicle Not Involved in Accident and Lacked Fitness Certificate. The court held that the claimant failed to prove the involvement of the offending vehicle and that the vehicle lacked a valid fitness certificate, disentitling the claimant to compensation.

6 Nov 2020

The case involves two connected matters: an appeal by the Insurance Company (MFA No.201596/2016) challenging the judgment and award dated 16.06.2016 p...

High Court

Bombay High Court Dismisses Petition for Release of Seized Vehicle in Motor Vehicles Act Case — Remedy Lies Before Magistrate Under Section 457 CrPC. Vehicle Detained Under Section 207 of Motor Vehicles Act, 1988 for Failure to Produce Driving Licence; Criminal Case Registered and Chargesheet Filed.

8 Oct 2012

The petitioner, Shri Balu @ Dinkar Baburao Tambe, filed a writ petition before the Bombay High Court challenging the detention of his truck (No. MH-43...

High Court

High Court of Karnataka Partly Allows Appeal in Motor Accident Claim; Holds Insurer Liable to Pay and Recover for Violation of Policy Condition Regarding Hazardous Goods Endorsement. The Court Reassessed Compensation Applying the Principle of Pay and Recover and Enhanced Amounts Under Loss of Dependency and Conventional Heads.

16 Jun 2020

The appeal arose from a motor accident claim filed by the widow, parents, and minor daughter of the deceased B.S. Thippeswamy. On 2 July 2012, the dec...

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