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Documents citing Oriental Insurance Company Limited vs Lakshmykutty Amma And Ors., Sreedevi ... on 21 May, 1998

Yogesh Kumar vs Nagender Tiwari on 16 May, 2015

(17) So far as section 140 of the Motor Vehicles Act is concerned, it is now trite that claim can be raised against either or both owners/insurers of the vehicles. The decision in Oriental Insurance Co. Ltd. v. Lakshmikutty Amma, 1999 ACJ 597(Kerala), makes the position clear that the Claims Tribunal need not identify at the stage of award of compensation under section 140 of the Motor Vehicles Act all the vehicles (persons) liable to pay compensation. It is, therefore, evident that a claim under section 140 can be staked against the owner of either vehicle. The insurer consequently will be liable to indemnify the owner of the vehicle liable. (18) We requested the learned counsel to advance arguments at the Bar as to why totally different semantics and dynamics have been employed by the legislature while enacting section 163­A that the liability is joint and several. Even under section 140 of the Motor Vehicles Act claim can be staked against either or both the owner/owners of the vehicle. It therefore appears to us to be evident that in a claim under section 163­A also the choice/option must be for the claimant to stake claim against either or both owner/insurer of the vehicles involved in the accident.
Delhi District Court Cites 13 - Cited by 0 - Full Document

Khazan Singh & Anr. vs Virender Singh @ Pappu & Ors on 17 May, 2012

17.So far as S.140 of the M.V. Act is concerned, it is now trite that claim can be raised against either or both owners/insurers of the vehicles. The decision in Oriental Insurance Co. Ltd. v Lakshmikutty Amma & Ors., 1999 ACJ 597 (D.B.) makes the position clear that the MAC APP 895/2011 Page 5 of 10 Tribunal need not identify at the stage of award of compensation under S.140 of the M.V. Act all the vehicles (persons) liable to pay compensation. It is therefore evident that a claim under S.140 can be staked against the owner of either vehicle. The insurer consequently will be liable to indemnify the owner of the vehicle liable.
Delhi High Court Cites 6 - Cited by 2 - G P Mittal - Full Document

New India Assurance Co. Ltd. vs Vivek Thakur & Ors on 11 May, 2012

17. So far as S.140 of the M.V. Act is concerned, it is now trite that claim can be raised against either or both owners/insurers of the vehicles. The decision MAC APP No. 692/2007 Page 4 of 12 in Oriental Insurance Co. Ltd. v Lakshmikutty Amma & Ors., 1999 ACJ 597 (D.B.) makes the position clear that the Tribunal need not identify at the stage of award of compensation under S.140 of the M.V. Act all the vehicles (persons) liable to pay compensation. It is therefore evident that a claim under S.140 can be staked against the owner of either vehicle. The insurer consequently will be liable to indemnify the owner of the vehicle liable.
Delhi High Court Cites 6 - Cited by 4 - G P Mittal - Full Document

Hemlata & Ors vs Vipin Kumar & Ors. on 2 July, 2012

17. So far as S.140 of the M.V. Act is concerned, it is now trite that claim can be raised against either or both owners/insurers of the vehicles. The decision in Oriental Insurance Co. Ltd. v Lakshmikutty Amma & Ors., 1999 ACJ 597 (D.B.) makes the position clear that the Tribunal need not identify at the stage of FAO 458/2003 Page 7 of 10 award of compensation under S.140 of the M.V. Act all the vehicles (persons) liable to pay compensation. It is therefore evident that a claim under S.140 can be staked against the owner of either vehicle. The insurer consequently will be liable to indemnify the owner of the vehicle liable.
Delhi High Court Cites 9 - Cited by 4 - G P Mittal - Full Document
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