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New India Assurance Company Vs. Smt. Veena Upadhya and ors.

Court : Karnataka

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1939 - Sections 95(2) and 95(2)(A)

Reported in : 2005ACJ183; ILR2004KAR2036

the insured can take a cover larger than what is prescribed by the Act to be the bare minimum. To the same effect is the latest decision of the Supreme Court in AMRITLAL SOOD v. KAUSHALYA DEVI … Company that its liability was in terms of the Policy issued to the insured and the provisions of Section 95(2) of the Motor Vehicles Act, 1939, limited to a sum of Rs. 1,50,000/-. The Tribunal held that since

Narmala Devi and ors. Vs Subey Singh and ors.

Court : Delhi

Subject : minimum liability Act

Acts : minimum liability Act - Section 95

having in mind that where the owner wants to take an insurance policy covering the minimum liability under Section 95 of the Act, then the premium should be different. If the owner wants wider liability then the premium … arises whether this insurance cover obtained by the insured was limited to a liability of Rs.1,50,000/- being the minimum liability for which a vehicle was required to be insured by the owner or this premium covered wider liability. … at relevant time was as under:CLASS A(2) GOODS CARRYING VEHICLES-GENERAL CARTAGE (PUBLIC CARRIER) PREMIUM FORLicensed Carrying Own Damage Liability Act Capacity of the Cover to the Only Vehicle Public Risks(a) Not exceeding Rs.340 Plus Rs.120/- Rs.100/- 1016 Kgs.

The New India Assurance Co. Ltd. Vs Mst. Suraiya Begum and ors.

Court : Delhi

Subject : minimum liability Act

Acts : minimum liability Act - Section 95

having in mind that where the owner wants to take an insurance policy covering the minimum liability under Section 95 of the Act, then the premium should be different. If the owner wants wider liability then the premium … arises whether this insurance cover obtained by the insured was limited to a liability of Rs.1,50,000/- being the minimum liability for which a vehicle was required to be insured by the owner or this premium covered wider liability. … and tariff rates are as under:CLASS A(2) GOODS CARRYING VEHICLES-GENERAL CARTAGE (PUBLIC CARRIER) PREMIUM FORLicensed Carrying Own Damage Liability Act Capacity of the Cover to the Only Vehicle Public Risks(a) Not exceeding Rs.340 Plus Rs.120/- Rs.100/- 6 Kgs.

Marine and General Insurance Co. Ltd. and ors. Vs. Balkrishna Ramchand ...

Court : Mumbai

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1939 - Sections 71, 72, 74, 75, 76, 77, 78, 79, 81, 91, 94, 94(1), 95, 95(1), 95(2), 96, 96(1), 96(2), 97, 99, 101, 102, 109, 110, 110(1), 110-A, 110-A(3), 110-AA, 110-B, 110-C, 110-D, 110-E and 110-F; Fatal Accidents Act - Sections 1-A; Bombay Motor Vehicle Rules; Civil Law; Consolidation Act

Reported in : AIR1977Bom53; (1976)78BOMLR262

the Insurance Co., -- appellant No, 1 -- that in any event having regard to the provisions of Section 95 (2) (a), the liability of the insurance company under the policy cannot exceed the limit of Rs. 20,000/-.5. … degrees. The right wrist has a full range of movements. There is minimum tenderness over the styloid process of the ulna. The grip of the … of the nature as specified in Sub-section (1) of Section 110', and 'a claim for compensation under this Act' (Section 110-AA). These expressions clearly demonstrate that the compensation that is payable is a compensation which arises out of

New India Assurance Co. Ltd. Vs. Kamlaben Sultansinh Jadav and ors.

Court : Gujarat

Subject : Motor VehiclesInsurance

Acts : Motor Vehicles Act, 1939 - Sections 2(8), 2(25), 42, 92, 94, 95, 95(1), 95(2), 95(4), 96, 96(2), 108, 110B and 123; Motor Vehicles (Amendment) Act, 1988 - Sections 140 and 168; Workmen's Compensation Act, 1923; Bombay Motor Vehicles Rules, 1959 - Rule 118; Constitution of India - Articles 14 and 300A

Reported in : II(1993)ACC479; 1993ACJ673; AIR1993Guj171; (1993)1GLR779

individualpassenger was Rs. 5,000/-. We find it difficult tohold that the limit prescribed in Section 95(2)(b)(ii)(4)was only the minimum liability prescribed bylaw. The amount mentioned in that provisionprovides the maximum amount payable by aninsurer in respect of each … attempting to avoid their liability to pay compensation arising because of the benevolent provisions under the Motor Vehicles Act. The reason is -- the helpless victims of the accident mainly being poor were compelled to travel by

Shivahari Rama Tiloji and Another Vs. Kashi Vishnu Agarwadekar and Oth ...

Court : Mumbai

Subject : Company

Acts : Motor Vehicles Act - Sections 95 and 95(2); Motor Vehicles (Amendment) Act, 1956; Motor Vehicles (Amendment) Act, 1969

Reported in : [1986]60CompCas682(Bom); 1985MhLJ22

liability of the insurer is the one prescribed in sub-section 2(ii), clause (b), sub-clause (4) fixing only a minimum liability per passenger. He further contended that, therefore, if the compensation awarded to the totality of passengers did not … Modi's case : [1982]1SCR860 , should not apply to a case falling under section 95(2) (b) of the Act. Section 95(2) of the Act governs both clauses (a) and (b) and, therefore, the expression 'any one accident' occurring

Supyar Kanwar and ors., Vs. Ramesh Chand and ors.

Court : Rajasthan

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1939 - Sections 95

Reported in : [1989]65CompCas222(Raj); 1987(1)WLN269

liability would be governed by it.6. I find that Section 95 of the Motor Vehicles Act prescribes the minimum liability for which an insurance should be taken. Section 95 would not govern the relationship between the insurer and

Surjit Kaur Vs. Sadhu Singh and anr.

Court : Punjab and Haryana

Subject : InsuranceMotor Vehicles

Reported in : I(1986)ACC1

raised by the claimants that the liability of the Insurance Company was more than the minimum prescribed under Section 95 of the Motor Vehicles Act, the liability of the Insurance Company must be held to be limited to

The National Insurance Coltd., Vs. Sri. Sanaulla Khan

Court : Karnataka

Subject : Land Acquisition

only policy' and the premium of Rs.300/- was recovered in respect of third party basic even though the minimum premium was Rs.100/-. Compulsory personal accident to - 15 - NC:2023. KHC:42494 MFA No.174 of 2018 C/W MFA … No.174/2018 is filed by the Insurance Company assailing the fastening of the liability on it and MFA No.6621/2018 is filed by the petitioners seeking enhancement … of a motor vehicle to insure the vehicle in compliance with the requirements of Chapter VIII of the Act. Section 95 of the Act provides that a policy of insurance must be one which insures the person against any

Sanaulla Khan Vs. Nisammuddin

Court : Karnataka

Subject : Land Acquisition

only policy' and the premium of Rs.300/- was recovered in respect of third party basic even though the minimum premium was Rs.100/-. Compulsory personal accident to - 15 - NC:2023. KHC:42494 MFA No.174 of 2018 C/W MFA … No.174/2018 is filed by the Insurance Company assailing the fastening of the liability on it and MFA No.6621/2018 is filed by the petitioners seeking enhancement … of a motor vehicle to insure the vehicle in compliance with the requirements of Chapter VIII of the Act. Section 95 of the Act provides that a policy of insurance must be one which insures the person against any