Court : Punjab and Haryana
Reported in : AIR2008P& H59; (2008)149PLR143
..... those cases were covered where action under the reconstruction of financial assets and enforcement of security interest act, 2002 (for brevity, 'the 2002 act') was taken as also the cases which were pending before courts/drts/bifr etc. ..... according to learned counsel, the reserve bank of india has been clothed with statutory power and even a duty by section 35a of the act to issue direction in public interest or in the interest of banking policy and, thus, one time settlement policy must be considered to have ..... that the circulars concerning primary lending rate and manner of calculation are issued under sections 21, 35 and 35a of the act and there is no reason why one time settlement instructions be not considered as having been issued under the aforementioned provisions.13. ..... and 2) a preliminary objection has been raised that remedy under section 17 of the 2002 act has been availed by the petitioner-company and its appeal is pending before the debts ..... residential house situated in madhopuri, district ludhiana against which proceedings under the 2002 act were initiated, was not even mortgaged with the respondent bank. ..... for example, if possession of a house in pursuance to section 13(4) of the 2002 act is taken but there is a commercial property carrying such a value which could satisfy the claim of financial institution or any such case where the rights of the ..... the claim lodged by the petitioner-company with insurance company was also rejected. ..... 3 made amendments in the guidelines/policy .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)2PLR175
..... as would appear from the discussions made hereinafter a goods vehicle was required to be compulsorily covered by insurance policy in terms of 1939 act but was not so required in terms of 1988 act.in the present case the accident has occurred prior to amendment of 1994 and therefore, in view of the law laid down by hon'ble supreme court finding of learned tribunal cannot be sustained.consequently, f.a.o. ..... but a careful scrutiny of the provisions would make it clear that prior to the amendment of 1994 it was not necessary for the insurer to insure against the owner of the goods or his authorized representative being carried in a goods ..... if the motor vehicles (amendment) act of 1994 is examined, particularly section 46 of act 54 of 1994 by which expression 'injury to any person' in the original act stood substituted by the expression 'injury to any person, including owner of the goods or his authorized representative carried in the vehicle the conclusion is irresistible that prior to the aforesaid amendment act of 1994, even if widest interpretation is given to the expression to any person it will not cover either the owner of the goods or his authorized representative ..... objects and reasons of clause 46 also states that it seeks to amend section 147 to include owner of the goods or his authorized representative carried in the vehicle for the purposes of liability under the insurance policy. ..... with section 147(1) of the motor vehicles act, 1988, as it stood prior to its amendment. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2007)4PLR312
..... on the part of the respondents to increase the fee without any basis is writ large in the schedule annexed to the amendment and validation act dated july 15, 2005 vide which the fee for the areas falling in gurgaon, faridabad and panchkula for 175 far is fixed ..... licence fee applicable with effect from 10.4.2003, 22.11.2003 and 19.5.2004 have been made part of the validation clause in the form of schedule and no amendment as such in any of the provisions of the 1975 act was required on account of validation of licence fee schedule and, as such, the validation act, 2005 has been made in accordance with the power available to the state legislature under the constitution of india. ..... by laying down broad guide-lines and standards, to lead and guide as it were, leaving it to the subordinate legislating body to fill up the details by making necessary rules and to amend the rules from time to time to meet unforeseen and unpredictable situation, all within the frame work of the power entrusted to it by the plenary legislating body.8. ..... in the policy parameters as they have availed the increased far (175) by paying the enhanced fee as per decision dated 29.8.2002 and notified on 1.9.2003 and also they have been granted a licence no. ..... fee depicted in the schedule, in my view, has the force of law in view of the law laid down by the supreme court in state of tamil nadu's case (supra) and national insurance co. ..... aforesaid plea on the judgment rendered by the supreme court in national insurance co. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)12VST149(P& H)
..... the provisions of the bihar taxes on entry of goods into local areas for consumption, use or sale therein act, 1993 (act 16 of 1993) as adopted by the state of jharkhand vide notification dated december 15, 2000 and as amended vide jharkhand tax on entry of goods into local areas for consumption, use or sale therein (amendment) ordinance, 2001 and held that the levy therein was not compensatory.submissions on behalf of the state:26. ..... value of goods specified in schedule 'a';(b) the value of goods which have, without use or consumption, been delivered outside the local area;(c) the value of goods which have been subjected to tax once under this act, either as such or in some other form;(d) the value of goods on which sales tax has been paid or has become payable to the state;(e) the value of plant, machinery, equipment and tools, brought ..... a census, the registration of births, marriages and deaths, public, vaccination and any sanitary measure;(j) the holding of fairs and industrial exhibitions;(k) the preparation and maintenance of a record of rights in immovable property;(l) all acts and things which are likely to promote the safety, health, welfare or convenience of the inhabitants or expenditure whereon may be declared by the committee, with the sanction of the state government to be an appropriate charge ..... matter, the tax could be collected only in instalments during the year 2002 and the state could recover the entire tax due by the middle of ..... 's state insurance corporation : .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2008ACJ1395; (2007)147PLR559
..... the liability of the respondents shall be joint and several and the insurance company is directed to deposit the compensation payable to the appellant-claimant within two months from the date of receipt of a certified copy of the judgment. ..... 2 has challenged the findings of the learned tribunal vide which the insurance company has been absolved of liability by holding that the driving licence held by respondent no. ..... even otherwise the assessment for the disability was required to be made as per schedule ii of the motor vehicles act and it was to be calculated by taking into consideration the loss of income of 43 months was to be taken into consideration. ..... the learned tribunal, further held that the driving licence produced by the driver of the trala was a fake and forged document and accordingly the insurance company was absolved of the liability to pay compensation. ..... the tribunals in interpreting the policy conditions would apply 'the rule of main purpose' and the concept of 'fundamental breach' to allow defenses available to the insurer under section 149(2) of the act. ..... be allowed to avoid its liability towards the insured unless the said breach or breaches on the condition of driving licence is/are so fundamental as are found to have contributed us the cause of the accident. ..... relief.after amendment of the petition, the following additional issue was also framed:2-a. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2008ACJ2303; (2007)146PLR579
..... 40,000/- per annum, the tribunal was not justified in treating the petitions to be petitions under section 163a of the act and awarding compensation without going into the question of negligence.in view of the division bench judgment of this court it has to be held that the persons whose annual income is more than ..... petitioner herein had filed a claim petition under section 163a of the motor vehicles act, 1988 (for short the act) seeking compensation for the injuries suffered by him in a motor vehicular accident. ..... contention of the learned counsel for the respondents was that the provisions of section 163a of the act are distinct and for the specified class of citizens whose annual income is rs. ..... 40,000/-therefore, he could not be held to be covered under the provisions of section 163a of the act and therefore, it was not open to him to scale down the income and accordingly, dismissed the application for amendment.7. ms. ..... 40,000/- will not be entitled to invoke the provisions of section 163a of the act as the same is a beneficial piece of legislation meant for a specified class of ..... of 2005 titled as new india insurance company limited v. ..... the national insurance company limited as well as respondents no ..... has been pleased to lay down as under:where during the course of proceedings before the tribunal a prayer was made that the petitions be treated as petitions under section 163a of the act by restricting the income of the deceased/injured to less than rs. ..... united insurance company .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(2007)ACC559; 2008ACJ138; (2007)146PLR550
..... also raised a question as to the procedure to be followed by the claims tribunal while adjudicating claims under section 92a of the act and has submitted that such claims have to be adjudicated upon like other claims under section 110a of the act and that claimant must first adduce evidence to establish his/her case and that the owner as well as the insurer of the vehicle in question must have a right to adduce evidence to rebut the same. ..... (3) the central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the second schedule.the reading of this section clearly envisages that petition can be maintained before the tribunal only in case there is a permanent disablement or death on account of motor vehicle accident and not otherswise ..... - (1) notwithstanding anything contained in this act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be. ..... in this context, it may be mentioned that procedure for adjudication of a claim petition under section 110a of the act by the accident claims tribunal is contained in rules 291 to 311 of the bombay motor vehicles rules, 1989, (hereinafter referred to as 'the rules .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2008ACJ58; (2007)145PLR305
..... of the opinion that as the provisions thereof do not enjoin any statutory liability on the owner of a vehicle to get his vehicle insured for any passenger travelling in a goods vehicle, the insures would not be liable therefore.in asha rani (supra), it has been noticed that sub-clause (i) of clause (b) of sub-section (1) of section 147 of the 1988 act speaks of liability which may be incurred by the owner of a vehicle in respect of death of or bodily injury to any person ..... the liability of the owner of the vehicle to insure it compulsorily, thus, by reason of the aforementioned amendment included only the owner of the goods or his authorised representative carried in the vehicle besides ..... while considering the effect of the amendment carried out in section 147 of the motor vehicles act, 1988 by motor vehicles (amendment) act, 1994 it was opined:by reasons of the 1994 amendment what was added is, including owner of the goods or his authorised representative carried ..... to establish the factum of the status of the claimant in the light of the provisions of the amended provisions of section 147(1), we have also perused the evidence with specific reference to the cross-examination of ..... if such was the intention there was no necessity of parliament to carry out an amendment inasmuch as the expression 'any person' contained in sub-clause (i) of clause (b) of sub-section (1) of section 147 would have included the owner of the goods or his authorised representative besides the passengers who .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2008ACJ866; (2007)145PLR318
..... the opinion that as the provisions thereof do not enjoin any statutory liability on the owner of a vehicle to get his vehicle insured for any passenger travelling in a goods vehicle, the insures would not be liable therefore.in asha rani (supra), it has been noticed that sub-clause (i) of clause (b) of sub-section (1) of section 147 of the 1988 act speaks of liability which may be incurred by the owner of a vehicle in respect of death of or bodily injury to any person ..... the evidence conclusively establishes that the claimants were carrying their goods in the offending vehicle and were, thus, covered under the amendment and the appellant, therefore, cannot escape the liability to satisfy the award qua the claimants in the aforestated appeals.resultantly, ..... the liability of the owner of the vehicle to insure it compulsorily, thus, by reason of the aforementioned amendment included only the owner of the goods or his authorised representative carried in the ..... to establish the factum of the status of the claimants in the light of the provisions of the amended provisions of section 147(1), we have also perused the evidence with specific reference to the cross-examination of the witness who ..... if such was the intention there was no necessity of parliament to carry out an amendment inasmuch as the expression 'any person' contained in sub-clause (i) of clause (b) of sub-section (1) of section 147 would have included the owner of the goods or his authorised representative besides the passengers .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2008ACJ588
..... according to the provisions of section 147 of the act (as amended in the year 1994), the insurance policy would cover the risk of the third party, as also the owner of the ..... a tractor was being used for agricultural purposes in assistance even for hire of other cultivators, the insurance company cannot be allowed to say that the same was being used not for agricultural purpose. 15. ..... it is not in dispute that the motor tractor was insured for agricultural purpose and carrying the straw load even on hire would be a work for ..... point that arises for determination in the case is as to whether the insurance company is liable to make good the loss. ..... hr-36c-6285 stood insured to pay the compensation ..... 42 of 28.8.2002/9.5.2005) preferred by him under the provisions of motor vehicles act, 1988 (for short, `the act') and directed the appellant with which the offending tractor ..... in a motor vehicular accident which took place on 24.6.2002, claimant-vijay singh suffered serious injuries resulting in 70% disability to him on account of amputation of his right ..... the oriental insurance company limited is in appeal against award dated 3.8.2005 passed by the presiding officer of the motor accident claims tribunal, rewari (hereinafter referred to as `the tribunal') ..... mud-guard of the offending vehicle which he had hired for carrying the fodder and, thus, the tractor in question was being used for carrying a passenger in violation of the terms and conditions of the insurance policy. ..... of 28.8.2002/9.5.2005. 2 .....
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