Court : Himachal Pradesh
Reported in : 1997ACJ926
..... has to be interpreted literally and is to be applied to all pending cases irrespective of the date on which accident occurred and the fact that the amendment act postulates that the amendment will come into force on the dates notified in the government gazette would be of no consequence.16. in vilasini v. kerala state road trans. corporation ..... the operator of the vehicle, a blanket liability must be cast on the insurer, instead of its being restricted to cases where the vehicle operator has been shown to be negligent. this is more a matter for the legislature and not ..... law should be reformed on the lines of granting compensation under no fault liability. thereafter, krishna iyer, j. in his inimitable style in kesavan nair v. state insurance officer 1971 acj 219 (kerala), has observed:out of a sense of humanity and having due regard to the handicap of the innocent victim in establishing negligence of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1993ACJ804
..... the vehicle and, secondly, for compensation by way of solarium in cases in which the identity of the vehicle causing an accident is unknown. 9. the amendment act was brought in after the supreme court had highlighted and emphasised the need for such legislation providing for no fault liability in motor accident claims cases, namely, ..... fault. in order to meet the above social demand on the recommendation of the indian law commission, chapter vii-a was introduced in the act... 12. it was in motor owners' insurance co. ltd. v. jadavji keshavji modi 1981 acj 507 (sc), that the supreme court emphasised the need for statutory recognition to the state ..... death or bodily injury, certain information is required to be submitted and it is the duty of the police to obtain such information, which includes particulars of the insurers, particulars of owners, etc. and information thereof is further required to be given by the police officer to the claims tribunal. neither under the himachal pradesh motor .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [1993]76CompCas795(HP)
..... is instituted or filed had been acquired or had accrued before such commencement. sub-section (3) of section 97 sets at rest doubts, if any, by making the code as amended by the amending act applicable to all proceedings referred to therein subject to sub-section (2) of section 97.'12. the close perusal of the aforesaid observations show that any ..... authorised by the state government to make advances, by a co-operative society or by a bank or by the life insurance corporation of india or a loan taken or used for the purposes of trade ;(v) ' suit to which this act applies ' means any suit or proceedings relating to loan ;(vi) ' debtor' means persons who receive a loan as defined under .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000ACJ1585
..... in separate proceedings cannot determine it when the compensation is awarded under the motor vehicles act.10. per contra, the learned counsel for the other side more specifically the learned counsel for the insured vehemently contended that the applications for impleadment of the state of h.p. and amendment of the written statements and permission to take other defences than permissible to the ..... the accident and in fact the bus was carrying 91 passengers and, therefore, the appellant insurance company may be permitted to amend its written statements taking the defence of overloading of the ill-fated bus. applications under section 151, civil procedure code read with section 170 of the motor vehicles act, 1988, seeking permission to prosecute the appeal on merits in the name of the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2001ACJ1445
..... was repelled by the division bench. it was held that appropriate remedy would be to make an application for amendment for the purpose of bringing the insurer of the other vehicle on record and such an application for amendment would not be affected by period prescribed in section 110-a. relying upon basappa v. k.h. sreenivasa reddy ..... the tariff advisory committee had directed:all existing policies should be deemed to incorporate this amendment automatically irrespective of the fact whether it is an 'act policy' or a 'comprehensive policy'.17. we requested ms. devyani sharma, learned counsel for the appellant insurance company to verify if the instructions of the tariff advisory committee dated 13.3.78 ..... which the policy purports to cover in the case of that person or those classes of persons.13. it is true that under the act policy, the liability of the insurance company is limited in respect of the death of or bodily injury to any person or damage to any property of a third party caused .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1998ACJ804
..... of an individual passenger is now raised to rs. 15,000/-. the supreme court held that having regard to the statute as it stood prior to the amendment by the act 47 of 1982, the insurer was liable to pay rs. 10,000/- for each individual passenger where the vehicle involved was a motor cab and rs. 5,000/- for each ..... (sc), the question before the supreme court was about the interpretation of section 95(2)(b) of motor vehicles act, 1939, as it existed before its amendment in 1982. the supreme court said the limits of liability of an insurer in the case of motor vehicles in which the passengers were carried for hire and reward or by reason of or ..... imposed under section 95(2) of the motor vehicles act which was in force on the date of issue of the policy or whether the liability of the insurance company was according to the amended provisions which had come into force before the date of accident and during the period when the insurance policy issued earlier was in force. the supreme court .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002ACJ764
..... counsel appearing for the respondents-claimants. according to them, keeping in view the date of accident as well as provisions of motor vehicles act, 1988 after amendment of 1994, liability of the appellant insurance company is absolute. it was also pointed out by learned counsel for the claimants that there is no legal evidence which can be said ..... as under:(7) this takes us to the third category of cases where similar question is raised regarding liability of the insurance company under the new act after its 1994 amendment. the submission for the claimant is, the insurance company is liable to pay the compensation both in view of the decision of this court in new india assurance co ..... . ltd. v. satpal singh 2000 acj 1 (sc) and also in view of its 1994 amendment. this court in this case, while interpreting section 147(1)(b)(i) and (ii) of the new act holds the insurance company liable to pay the compensation both for the owner and his representative and also for the gratuitous passengers .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2005)ACC688,III(2006)ACC395,2006ACJ2732
..... emphasis has been supplied was introduced by motor vehicles (amendment) act, 1994 w.e.f. 14.11.1994.9. the apex court has considered both the unamended as well as the amended provisions of the act in a number of cases. the law with regard to the liability of the insurance company in respect of passengers being carried in a goods ..... enunciation of law laid down by the apex court, the position of law may be summarized as follows:under motor vehicles act, 1988, prior to its amendment in 1994, which came into effect from 14.11.1994, insurance company was not liable in case of any passenger being carried in a goods vehicle. the only liability of the ..... the passengers cannot be carried in a goods vehicle.13. in national insurance co. ltd. v. baljit kaur : air2004sc1340 , the apex court considered the impact of the amendment to the motor vehicles act made in 1994. the apex court held that after the amendment of 1994, insurance company was bound to cover liability with respect to owner of the goods .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1996HP1
..... by the words 'with further interest at such i ate not exceed ing 6% per annum, as the court deems reasonable on such principal sum' by the amendment act of 1956, made a vital difference and lends support to the submissions made on behalf of the counsel for the defendants. words 'such principal' has reference to ..... fixed deposit receipt, pledged by defendant no. 2, inclusive of interest till the date of realisation, is, however, made liable for being adjusted towards the principal. insurance premium of rs. 44,154/-for the period till september, 1993 is also held liable for being included in the amount recoverable by the plaintiff from the defendants. ..... towards the principal, as is the usual banking practice. in addition to these amounts, the learned counsel for the plaintiff states that additional amounts spent towards the insurance premium by the plaintiff are also liable to be made recoverable from the defendants.19. from the evidence on record, there is nothing to suggest that while making .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2005)ACC383,2007ACJ392
..... of accident. in case legislature has intended to hold an employer liable on the basis of amended provision and/or had intended to make the amended provision applicable retrospectively, nothing prevented it to have made a provision in that behalf in the amended act itself. it may also be observed that legislature is presumed to be well aware regarding ..... of india and, therefore, dismiss the special leave petitions, but after clarifying the law, as noticed above.9. similar view was again taken by the supreme court in oriental insurance co. ltd. v. khajuni devi : (2003)iiillj566sc , as well as by a four-judge bench in pratap narain singh deo v. shrinivas sabata 1976 acj 141 (sc ..... bench in neelakandan's case is not correct.(5) our attention has also been drawn to a judgment of the full bench of kerala high court in united india insurance co. ltd. v. alavi : (1998)iillj896ker , wherein the full bench precisely considered the same question and examined both the above noted judgments. it took the .....
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