Court : Madhya Pradesh
Reported in : 1990ACJ495
..... his wife rajuka and a sum of rs. 2,03,000/- as compensation for his injury.5. the cases were contested by the truck owners and the national insurance co. ltd. which had issued a comprehensive insurance in their favour in respect of the truck in question and the insurance policy was in force on the date of the accident. it covers third ..... any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or (c) that the policy is void on the ground that it was obtained by the non-disclosure of a ..... left unattended so that it happens to be driven by an unlicensed driver.(3) the exclusion clause has to be 'read down' in order that it is not at war with the 'main purpose' of the provisions enacted for the protection of victims of accidents so that the promisor is exculpated when he does everything in his power to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT288
..... by both the sides to tackle the issue under consideration.6. sarvashri virendra verma and sanjay agrawal, advocate, contended that when the insurance company cannot question the quantum of compensation, though shocking or arbitrary, it can challenge the award under section 115 of the code of civil procedure or article 227 of the ..... has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury cause contributed to by conditions of war, civil war, riot or civil commotion; or(b) that the policy is void on the ground that it was obtained by the non-disclosure ..... nigam, 1990 acj 862 (mp), wherein the question was whether the claims tribunal passing an award under the provisions of the act for compensation to claimants for death or injuries lacks jurisdiction to enforce its award adopting procedure provided under the code of civil procedure, exercising its inherent jurisdiction in that regard, referring .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001ACJ648; 2000(3)MPLJ561
..... by both the sides to tackle the issue under consideration.6. mr. virendra verma and mr. sanjay agrawal, advocates contended that when the insurance company cannot question the quantum of compensation, though shocking or arbitrary, it can challenge the award under section 115 of the code of civil procedure or article 227 of the ..... has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or (b) that the policy is void on the ground that it was obtained by the nondisclosure ..... nigam 1990 acj 862 (mp), wherein the question was whether the claims tribunal passing an award under the provisions of the act for compensation to claimants for death or injuries lacks jurisdiction to enforce its award adopting the procedure provided under the code of civil procedure, exercising its inherent jurisdiction in that regard, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(2)MPLJ179
..... the tribunal was in error in holding that because of the violation of the condition of permit of carrying passengers in excess of seating capacity insurance company would not be liable to pay compensation is illegal as such a defence is not available in sub-section (2) of section 149 of the act against the third party risks ..... bus which met with an accident will not disentitle the third parties or a passenger to claim compensation for the death or injury arising out of rash and negligent driving in a motor accident.11. kerala high court in case of kesavan nair v. state insurance officer, 1971 acj 219 observed that repudiation of the liability to pay ..... person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or(b) that the policy is void on the ground that it was obtained by the non-disclosure of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000ACJ1451
..... and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act 1923 (8 of 1923), in respect of the death of, or ..... any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or(c) that the policy is void on the ground that it was obtained by the nondisclosure of a material ..... fact or by a representation of fact which was false in some material particular.xxx xxx xxx(3) where a certificate of insurance has been issued under sub- .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008ACJ2027
..... circumstances, we hold that the insurance company is jointly and severally liable to pay the compensation.10. now, we proceed to determine the quantum of compensation in all the five appeals:misc. appeal no. 161 of 2005:this appeal arises out of claim case no. 42 of 2002. in this appeal, the appellant is injured who sustained burn injuries in the accident as the ..... by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or(b) that the policy is void on the ground that it was obtained by the non-disclosure of a material fact .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP190; 1969MPLJ237
..... of the supreme court in gobald motor service ltd., v. r. m. k. veluswami, air 1962 sc 1. however, in our view the quantum of compensation is correct and the insurance company at least cannot be allowed to challenge it except when it exceeds the statutory limit, as laid down by section 95 (2) (a) of the motor ..... who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or (iii) -- a condtion excluding liability for injury caused or contributed to by conditions of war, riot or civil war,/ civil commotion; or (c) -- that the policy is void on the ground that it was obtained by the nondisclosure of a material fact ..... p/2). that ground also cannot be raised by the appellant.it concerns the question of rash and negligent driving which the insurer only can raise. the fifth ground merely alleges that the award of compensation at rs. 10,000 is highly arbitrary, illegal and without any rational foundation. the ground is absolutely vague and it is not .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ250
orderu.l. bhat, c.j.1. bhagwandas rathi sustained fatal injuries in a motor vehicle accident in 1987. his heirs filed a claim application before the motor accidents claims tribunal claiming rs. 18,69,600/- as compensation from the owner and insurer of the vehicle. the owner and the insurer filed separate objections. the tribunal held that the accident was a result of rash and ..... by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or(c) that the policy is void on the ground that it was obtained by the non-disclosure of a material fact .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(2)MPHT126
..... that all such measures have been adopted, a person undertaking an activity involving hazardous risky exposure to human life, is liable under law of torts to compensate for the injury suffered by any other person, irrespective of any negligence or carelessness on the part of the managers of such undertakings. the basis of such liability is the ..... thereto. the act is a beneficial legislation and a liberal interpretation should be given to it. the provisions of the act clearly enjoin on the owner to insure himself against any loss or liability.10. section 4 of the act stipulates that every owner shall take out, before he starts handling any hazardous substance, one ..... unintended occurrence while handling any hazardous substance resulting in continuous or intermittent or repeated exposure to death of, or injury to, any person or damage to any property but does not include an accident by reason only of war or radio-activity.'16. the word 'owner' is defined under section 2(g) of the act, which .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2002)ACC700; 2001ACJ1945
..... the supreme court in its decision in the case of skandia insurance co. ltd. v. kokilaben chandravadan 1987 acj 411 (sc) it was pointed out that the law may provide for compensation to victims of the accidents who sustain injuries in the course of an automobile accident or compensation to the dependants of the victims in the case of a ..... any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or(b) that the policy is void on the ground that it was obtained by the nondisclosure of a material ..... fact or by a representation of fact which was false in some material particular.(3) xxx xxx xxx (4) where a certificate of insurance has been issued .....
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