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Kantibhai Valjibhai Shah Vs. Kokilaben Wd/O. Haribhai Ambalal Patel an ...

Court : Gujarat

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1939 - Sections 95, 95(2) and 96; Workmen's Compensation Act, 1923; Evidence Act

Reported in : (2009)3GLR2416

therefore old Act is applicable and amended act is not applicable. He submitted that beyond Section 95 of Motor Vehicles Old Act insurance company cannot accepted unlimited liability because by statutory provision there was a limited liability. He … Mehsana has come to conclusion considering Section 95(2)(b)(i) of old Act of Motor Vesicles Act. Insurance Company having limited liability of Rs. 50,000/- for third party. Accordingly in both MACP Nos. 426 and 427 of 1986, Claims

National Insurance Co. Ltd. Vs. Cholleti Bharatamma and ors.

Court : Supreme Court of India

Subject : Motor VehiclesInsurance

Acts : Motor Vehicles Act, 1939 - Sections 2(25) and 95; Workmen's Compensation Act, 1923; Motor Vehicles (Amendment) Act, 1994; Motor Vehciles Act, 1988 - Sections 2(35), 147, 147(1) and 149; Motor Vehicles Rules - Rules 252, 252(2) and 277(3)

Reported in : 2008ACJ268; AIR2008SC484; 2008(1)ALLMR(SC)436; 2007(4)AWC3957(SC); (2008)2GLR1403(SC); [2008(1)JCR14(SC)]; JT2007(12)SC319; (2008)1MLJ66(SC); (2008)149PLR315; RLW2008(1)SC6; 2007AIRSCW7337; AIR2008SC484; 2008(1)SCC423; (2008)1SCC(Cri)224; 2008(3)CivilLJ90; 2008ACJ268

147 and 149 of the Motor Vehicles Act, this Court held:.Hence, under Sub-section (2), there is no upper limitation for the insurer regarding the amount of compensation awarded in respect of death or bodily injury of a … outset and apply the same in each case separately. 3. The relevant portion of Section 147 of the Motor Vehicles Act (for short 'the Act'), prior to its amendment, reads as under:Requirements of policies and limits of liability.-(1)

A.M. Naveen (Minor) Vs. State of Tamil Nadu and Another

Court : Chennai

Subject : Motor VehiclesLimitation

Acts : Motor Vehicles Act, 1988 - Sections 89(1); Tamil Nadu Motor Vehicles Rules, 1989 - Rule 157(3); Limitation Act, 1963 - Sections 5 and 29(2); Constitution of India - Article 245; Code of Criminal Procedure (CrPC) , 1898 - Sections 417(3)

Reported in : AIR1995Mad161a

and opposed te Section 89(1) Motor Vehicles Act, 1988 by excluding the applicability of Section 5 of the Limitation Act.....' 2. The petitioner claims that he is an inter State carriage operator, operating his vehicle on the … petition has been filed for the following relief :--'Writ of declaration declaring Rule 157(3) of the Tamil Nadu Motor Vehicles Rules, 1989 as ultra-vires and opposed te Section 89(1) Motor Vehicles Act, 1988 by excluding the applicability of

The New India Assurance Company Limited Vs. Somwati

Court : Supreme Court of India

Subject : Land Acquisition

Smt. Somwati and seven minor 4 children. Claim petition No.7 of 2002 was filed under Section 166 of Motor Vehicles Act, 1988, claiming compensation of Rs.15,25,000/-. The MACT by award dated 22.03.2003 allowed a claim of Rs. 1,67,000/- … INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3093 OF2020(ARISING OUT OF SLP(C) No.23478 OF2019 THE NEW INDIA ASSURANCE COMPANY LIMITED VERSUS ...APPELLANT SMT. SOMWATI AND OTHERS ...RESPONDENTS WITH CIVIL APPEAL NO.3094 OF2020(ARISING OUT OF SLP(C) No.4801 OF2020 THE

New India Assurance Co. Ltd. Vs. Ashok Singh and ors.

Court : Madhya Pradesh

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1939 - Sections 95(1)

Reported in : 1990ACJ1055; 1990(0)MPLJ486

B.C. Varma, J. 1. In this appeal under Section 110-D of the Motor Vehicles Act, the appellant insurance company claims to be exonerated from the liability fastened on it for payment of … contract of employment and the employer having not been specified therein, there is no reason to put a limitation that the benefit of coverage of risk is intended only for those who are in the employment of

The Divisional Manager Vs. Neelaiah

Court : Karnataka

Subject : Land Acquisition

short) would contend that tractor-trailer is not a transport vehicle. It is contended that Rule 100 of Karnataka Motor Vehicles Rules, 1989 (‘KMV Rules’ for short) do not apply to the - 5 - persons carried in the … the liability of the insurer is co-extensive with that of the insured. However, this is subject to the limitations contemplated under Section 147(1)(b) of the M.V. Act. Thus, it is clear that the coolies who are employees

Sharda Prasad Singh Vs. Maharashtra State Road Transport Corporation a ...

Court : Mumbai

Subject : Company

Acts : Motor Vehicles Act, 1939 - Sections 95(2), 95(5), 96(2), 110, 110(1) and 110F; Workmen's Compensation Act

Reported in : II(1984)ACC208; [1986]59CompCas782(Bom)

Court had no jurisdiction to entertain the suit in view of the provisions of section 110F of the Motor Vehicles Act.4. On the other hand, it is contended by Shri Hegde, the learned counsel appearing for respondent No. … of the Supreme Court in Motor Owners' Insurance Co. Ltd. v. Jadavji Keshavji Modi, : [1982]1SCR860 , the limit of Compensation of Rs. 50,000 will extend to each of the deceased . It is an admitted position

United India Insurance Co. Ltd. Through Its Divisional Manager and Aut ...

Court : Mumbai

Subject : InsuranceMotor Vehicles

Acts : Motor Vehicles (Amendment) Act, 1994; Motor Vehicles Act, 1991 - Sections 46 and 147; Workmen's Compensation Act, 1923; Motor Vehicles Act, 1988 - Sections 95

Reported in : 2008(5)ALLMR731; 2008(5)BomCR35

and Ors. AIR 2002 SCW 5259. In that case, in para 9 the following observations are made:9...If the Motor Vehicles Amended Act of 1994 is examined, particularly Section 46 of Act 6 of 1991 by which expression 'injury … law is correctly enunciated therein.19. In this case the insurance company has produced insurance policy at Exh.35 and limitations are typed on the insurance certificate.The certificate makes it clear that '(2) The policy does not cover use

Yalaguradappa S/O Rangappa Chalawadi Vs. Ramesh S/O Basappa Biradar

Court : Karnataka Dharwad

Subject : Land Acquisition

then it is a violation of use of vehicle with respect to all. Further, Section 149(2)(a)(i)(a) of the Motor Vehicles Act, 1988 says that, if the vehicle is used for hire or reward against the condition of the … R/O HULLUR, TQ: MUDDEBIHAL, (OWNER OF TEMPO TRAX CRUISER BEARING REG: No.KA-28/M-4230) THE MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, BIJAPUR, THROUGH ITS DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, 1663, SHREE BHAVANI CHAMBERS, 2ND FLOOR, RAMLING KHIND

The Branch Manager, Vs. 1.A.Athinarayanan

Court : Chennai

Subject : Land Acquisition

Nos.1 & 2/Petitioners 3.Lakshmanan .. Respondent No.3/Respondent No.1 PRAYER Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the fair and decreetal order dated 30.03.2012 made in M.C.O.P.No.57 of 2009 by the Motor … of 2015, 4 & 4 of 2015 C.M.A(MD)No.1113 of 2014 The Branch Manager, M/s.ICICI Lombard General Insurance Company Limited, Zenith House, Mumbai. .. Appellant/Respondent No.2 Vs. 1.A.Athinarayanan 2.Minor Jeyasankari (R ?. 2 rep. By R ?. 1/her