carrying ten passengers in his aforesaid
vehicle whereas number of passengers allowed to be carried in his vehicle were six
and by boarding the excess ... that accused was carrying ten passengers.
All the prosecution witnesses were throughout consistent on the point of carrying of
ten passengers by the accused/driver
premise that at the time of accident, subject vehicle was carrying passengers
in excess of sanctioned seating capacity.
Being aggrieved of the repudiation, the petitioner ... valid
driving license and also that the vehicle was carrying passengers in excess of
the sanctioned seating capacity.
4. The
District Forum on consideration
Protection Act, 1986 - Sections 2(1)(g) , 21(b) - Insurance - Carrying of - Excessive passengers - Breach of policy conditions - Vehicle met with accident - Claim repudiated - Complaint ... Protection Act, 1986 - Sections 2(1)(g) , 21(b) - Insurance - Carrying of - Excessive passengers - Breach of policy conditions - Vehicle met with accident - Claim repudiated - Complaint
held that there is a policy violation by the
owner by carrying excess passenger and therefore, the Insurance Company is
entitled to recover the award ... Motor Vehicle Act not only for
allowing excess passenger but also for carrying cattle in the goods vehicle. As per
the Motor Vehicles Act , though
seating
capacity of the Maxi Cab is 12 only, he was carrying excess
passengers, numbering 48 in clear violation of the permit condition ... occurred
because of the driver of the Maxi Cab carrying excess passengers
beyond the permit condition and the insurer has not placed any
record
permissible carrying capacity. The appellate authority has noted that the
above coach was carrying passengers in addition to the parcels and excess
overloading could have ... endanger
the safety of the passengers. There have been instances of
accidents to passenger carrying trains attributable to excessive
overloading to parcels."
(emphasis supplied
sheet were traveling. It is a passenger vehicle
wherein maximum three passengers can travel. But,
total 7 passengers were travelling and there are every
chances ... there is contributory negligence by
the Auto also in view of carrying excess passengers.
1. In 2012 AIR SCW 2241 between Surinder
Kumar Arora
bridge collapsed because of excess weight carried by the bus. The cause of the accident is not attributable to excess passengers carried ... repudiating the claim of the insured merely because the bus was carrying excess passengers when the cause of the accident was totally unrelated to carrying
ground that there was no manufacturing defect in the vehicle which carried warranty only for three months. It was also pointed out in the reply ... passengers. It was alleged in the reply that the complainant was carrying excess passengers and loading more than the prescribed capacity of the vehicle
ground of violation of conditions of the policy by carrying excessive passenger of 95 persons more than the permit for 57 +2, the opposite parties ... purpose of the case that more passengers that the permitted loading capacities were carried out thus there was overloading of bus, applying the reasoning
