Search Results for "Motor Vehicles Act, 1939"

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"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

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High Court of Karnataka Reduces Compensation in Motor Accident Claim Case Due to Contributory Negligence and Error in Income Calculation. Claimant's contributory negligence assessed at 30% and notional income reduced from Rs.12,000 to Rs.9,000 per month for a pillion rider with no proof of income.

The case arises from a motor accident claim petition filed by the legal representatives of Supreeth S., a 24-year-old bachelor who died in a road acci...

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High Court of Bombay Dismisses Insurer's Appeal in Motor Accident Claim — Deceased Thrown Out of Jeep Due to Rash Driving. Negligence of Driver Proved and Deceased Not a Gratuitous Passenger in a Goods Vehicle, Insurer Liable.

The case arises from a motor accident claim filed by the parents of a deceased 22-year-old man. On 22.12.2008, the deceased was travelling in a jeep o...

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Supreme Court Allows Appeal in Insurance Claim Case for Theft of Vehicle Purchased at Auction — Insurer Cannot Repudiate Claim on Ground of Lack of Insurable Interest When Premium Was Accepted and Policy Issued Reflecting Transferee's Name.

The appellant, M/s. Balwant Singh & Sons, purchased a vehicle at an auction conducted by ICICI Bank, the hypothecatee, after the original owner (third...

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Bombay High Court Allows Claim Petition Beyond Limitation in Motor Accident Case — Tribunal Has Power to Entertain Delayed Claim After Omission of Section 166(3). The Court held that the omission of Section 166(3) does not affect pending claims and the Tribunal retains inherent power to condone delay.

The petitioner, Kum. Jyoti Manohar Shetye, a socially engaged citizen employed with the Bombay Port Trust, participated in a bicycle ride from Mumbai ...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Deemed Owner Liability Under Section 163-A MV Act. Occupant of Jeep Treated as Third Party; Insurance Company Cannot Avoid Liability on Ground of Policy Exclusion.

The appeal was filed by the Oriental Insurance Company Limited against the judgment and award dated 19.02.2013 passed by the Motor Accident Claims Tri...

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Bombay High Court Allows Revision Against Addition of Charges at Final Stage in Summary Trial - Prejudice to Accused. Addition of charges under Bombay Prohibition Act and Motor Vehicles Act after evidence closed held to cause prejudice in summary trial.

The petitioner, a police driver, was prosecuted for an incident on 1-1-1987 under Sections 279, 337, 427 IPC and Section 117 of the Motor Vehicles Act...