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1 - 10 of 20 (0.26 seconds)Section 66 in The Motor Vehicles Act, 1988 [Entire Act]
Syed Sadiq Etc vs Divisional Manager,United India ... on 16 January, 2014
32) The petitioner has adduced the evidence of
employer and produced salary certificate and proved that he
SCCH - 11 40 MVC No.801/2014
was drawing salary of Rs.28,000/- per month. As per
evidence of PW.2, petitioner sustained whole body disability
at 18%, but he has admitted in this cross-examination that,
he wrongly calculated the disability to the whole body and
actual disability is 11%. The age of the petitioner is shown
as 24% in medical records. He has not produced any other
documents about his age. If the age of the petitioner is
taken in between 21-25 years, the multiplier applicable to
the facts of the case is 17. As per the decision of Hon'ble
Supreme Court reported in Syed Sadiq and others Vs.
Divisional Manager, United India Insurance Company
Limited, the 50% is to be added towards future prospectus
of income. If the income of the petitioner is taken at
Rs.28,000/- and if 50% is added towards loss of future
income, it will be Rs.42,000/-. If 1/3rd amount is deducted
towards personal expenses, the actual loss of income will be
Rs.28,000/-. If the income of the petitioner is taken at
Rs.28,000/- per month, the loss of income will be calculated
as under -
Section 279 in The Indian Penal Code, 1860 [Entire Act]
Article 142 in Constitution of India [Constitution]
National Insurance Co. Ltd vs Chella Bharathamma & Ors on 21 September, 2004
In the judgment
SCCH - 11 25 MVC No.801/2014
of Hon'ble High Court in MFA No.7723/2011, the Hon'ble
High Court also referred the judgment of Hon'ble Supreme
Court reported in (National Insurance Company Limited
Vs. Challa Bharathamma and others) 2004 ACJ 2094 and
held that, "the plying of vehicle without a permit is an
infraction. Therefore, in terms of section 149(2) defence is
available to the insurer on that aspect".
Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
Section 337 in The Indian Penal Code, 1860 [Entire Act]
Section 79 in The Indian Evidence Act, 1872 [Entire Act]
National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
Even in decision reported in (National Insurance Co.
Ltd., Vs. Swaran Singh and others) 2004 ACJ 1 page 1
para wherein it is held that " Motor Vehicles Act, 1988,
section 149 (1) and (2)- Motor Insurance Defences available to
insurance company - Liability of insurance company -
whether the insurance company is liable to satisfy the award
in favour of third party at the first instance and then to
SCCH - 11 27 MVC No.801/2014
recover the awarded amount from the owner of driver of the
vehicle even where the insurance company could establish
breach of terms of policy on the part of the owner of the
vehicle - Held: yes; this position is holding the filed for a long
time; doctrine of stare decisis persuades not to deviate".