Search Results for "Section 165 Motor Vehicles Act"

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Search Results for "Section 165 Motor Vehicles Act"

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High Court

Bombay High Court Holds Offence Under Section 185 of Motor Vehicles Act, 1988 is Non-Cognizable but Police May Arrest Without Warrant if Offence Committed in Presence. Driving Under Influence of Alcohol is a Serious Offence but Classification Under Part II of First Schedule CrPC Makes it Non-Cognizable as Punishment is Less Than Three Years.

28 Nov 2013

The applicant, Ms. Rani Shashank Doshi, was driving a motor vehicle on 27 April 2011 when she was stopped by a police officer from N.M. Joshi Marg Pol...

High Court

High Court of Bombay Allows Insurance Company's Appeal in Own Damage Claim Case Due to Lack of Jurisdiction of Motor Accidents Claims Tribunal. Claim for damage to insured vehicle is not maintainable under Section 166 of Motor Vehicles Act, 1988 as it is a contractual claim.

28 Sep 2017

The case involves an appeal by the United India Insurance Company against an award of the Motor Accidents Claims Tribunal at Aurangabad. The Tribunal ...

Supreme Court

Supreme Court Quashes One-Year Renewal of Stage Carriage Permits Under Section 58 of Motor Vehicles Act, 1939. Renewal Period Must Conform to Original Permit Period, Minimum Three Years.

6 Nov 1959

The case originated from the expiry of stage carriage permits held by the petitioners on March 31, 1958. They applied for renewal before the Regional ...

High Court

Bombay High Court Allows Enhancement of Compensation in Motor Accident Claim by Treating Petition Under Section 166 Instead of Section 163A of Motor Vehicles Act, 1988. Claimants entitled to just compensation based on actual income and future prospects, not structured formula.

6 Dec 2021

The appellants, being the widow, minor children, and father of the deceased Diwakar Pawade, filed a claim petition under Section 166 of the Motor Vehi...

High Court

High Court of Karnataka Allows Legal Representatives to Continue Appeal Under Section 166(5) of Motor Vehicles Act, 1988 - Section 166(5) Held Retrospective, Applies to Pending Appeals Where Claimant Died Before Amendment.

20 Jul 2022

The case involves two appeals filed under Section 173(1) of the Motor Vehicles Act, 1988 against the judgment and award dated 07.03.2011 in MVC Nos.19...

High Court

Bombay High Court Allows Appeal in Part, Holds Concrete Mixture Machine Not a Motor Vehicle Under MV Act, but Upholds Compensation on Negligence Ground. The court ruled that the machine is not a 'motor vehicle' under Section 2(28) of the Motor Vehicles Act, 1988, but the owner is liable for negligence in keeping it on the road without warning signs.

12 Jul 2017

The case arises from a fatal accident on 12/12/2004 when Harish, riding a motorcycle, slipped on debris and fell onto a concrete mixture machine kept ...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Vehicle Accident Claim — Civil Court Jurisdiction Upheld for Owner's Claim for Damages to Vehicle. The Court held that a suit for damages to the insured vehicle filed by the owner against the insurer is maintainable before a Civil Court and not barred by Section 175 of the Motor Vehicles Act, 1988.

3 Oct 2023

The case involves a second appeal filed by The New India Assurance Co. Ltd. against the judgment and decree of the lower appellate court, which confir...

High Court

High Court of Karnataka Allows Appeal in Motor Accident Claim — Dog on Road Constitutes 'Act of God' Not Negligence. Claimant's Wife Died After Motorcycle Fell Due to Sudden Appearance of Dog; Tribunal Erred in Holding Claimant as Owner of Borrowed Vehicle Under Section 163A of Motor Vehicles Act, 1988.

11 Feb 2021

The appellant, Shri Vithal, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988, seeking compensation for the death of his wife ...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Maintainability of Petition Under Section 163-A of MV Act Upheld Despite Income Exceeding Threshold. The amendment to Section 163-A removing the income cap applies retrospectively, making the claim petition maintainable.

31 Aug 2017

The appeal was filed by the Insurance Company against the judgment and award dated 29.12.2008 passed by the Member Motor Accident Claims Tribunal-III,...

High Court

High Court Dismisses Appeal by Zilla Parishad, Upholding Award Against It as Vicariously Liable for Motor Accident Despite Not Being Legal Owner. The Court ruled that the Motor Accident Claims Tribunal's jurisdiction under Section 165 of the Motor Vehicles Act, 1988 is not limited to passing awards only against the owner, insurer or driver, and can extend to a person in control of the vehicle whose employee caused the accident.

7 Oct 2010

Three first appeals arose from awards passed by the Motor Accident Claims Tribunal in claim petitions filed under Section 166 of the Motor Vehicles Ac...

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