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1 - 10 of 37 (0.36 seconds)The Motor Vehicles Act, 1988
Section 168 in The Motor Vehicles Act, 1988 [Entire Act]
M/S. National Insurance Co. Ltd vs Baljit Kaur And Ors on 6 January, 2004
Reliance placed by the learned counsel on a decision
of this Court in National Insurance Co. Ltd. v. Baljit Kaur
and Others [(2004) 2 SCC 1] is misplaced. The question
which arose for consideration therein was as to whether
the words "any person" shall include a gratuitous
passenger despite the amendment made in Section 147 of
the Act by reason of the Motor Vehicles (Amendment) Act,
1994.
The New India Assurance Co. Ltd. vs Smt. Somwati And 5 Ors. on 23 May, 2013
In view of the
decisions of Hon'ble Apex Court in the cases of : (i) Magma General
Insurance Company Limited versus Nanu Ram and others
reported in (2018) 18 SCC 130 (ii) New India Assurance Co. Ltd.
v. Somwati and others, reported in 2020 (9) SCC 644 and (iii)
United India Insurance Co. Ltd., versus Satinder Kaur @
Satwinder Kaur reported in (2021) 11 SCC 780, under the head of
loss of consortium, Rs.48,400/- each (Rs.40,000/- and rise of 10%)
would be proper to award, therefore, Rs.48,400/- x 2 dependents =
Rs.96,800/- would be the compensation under the head of loss of
consortium.
United India Insurance Co. Ltd. vs Satinder Kaur @ Satwinder Kaur And Ors. on 30 June, 2020
In view of the
decisions of Hon'ble Apex Court in the cases of : (i) Magma General
Insurance Company Limited versus Nanu Ram and others
reported in (2018) 18 SCC 130 (ii) New India Assurance Co. Ltd.
v. Somwati and others, reported in 2020 (9) SCC 644 and (iii)
United India Insurance Co. Ltd., versus Satinder Kaur @
Satwinder Kaur reported in (2021) 11 SCC 780, under the head of
loss of consortium, Rs.48,400/- each (Rs.40,000/- and rise of 10%)
would be proper to award, therefore, Rs.48,400/- x 2 dependents =
Rs.96,800/- would be the compensation under the head of loss of
consortium.
Section 174 in The Motor Vehicles Act, 1988 [Entire Act]
National Insurance Co.Ltd vs Parvathneni & Anr on 31 August, 2009
13. Since the reference to the larger Bench in Parvathneni case
[National Insurance Co. Ltd. v. Parvathneni, (2009) 8 SCC 785 :
National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
The award passed
by the Tribunal directing the insurance company to pay the
compensation amount awarded to the claimants and thereafter,
recover the same from the owner of the vehicle in question, is in
accordance with the judgment passed by this Court in Swaran
Singh [National Insurance Co. Ltd. v. Swaran Singh, (2004) 3 SCC
297 : 2004 SCC (Cri) 733] and Laxmi Narain Dhut [National
Insurance Co. Ltd. v. Laxmi Narain Dhut, (2007) 3 SCC 700 : (2007)
2 SCC (Cri) 142] cases. While so, in our view, the High Court ought
not to have interfered with the award passed by the Tribunal
directing the first respondent to pay and recover from the owner of
the vehicle.
Manuara Khatun & Ors vs Rajesh Kr. Singh & Ors on 21 February, 2017
15. Here also, as per the facts that the deceased Bhanuben was
traveling with certain utensils in the motor vehicle as passenger,
which was breach of the policy condition, as jeep was insured for
commercial carrying goods purpose and not for passenger. The
deceased undisputebly was travelling in a Utility jeep as passenger,
even though the jeep can accommodate only three persons
including the driver. As a result, the present appellant would not be
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NEUTRAL CITATION
C/FA/3871/2018 ORDER DATED: 23/07/2024
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liable for the loss whichever suffered by the claimants or to
indemnify the owner of the Jeep. The conclusion reached by the
Tribunal, in our opinion, is unbelievable in the facts and
circumstances of the present case. At the moment, however, in the
facts of this case, the Tribunal ought to have directed the Insurance
Company to pay compensation amount to the claimants with a
liberty to recover the same from the jeep owner, in view of the
consistent view taken in that regard by Hon'ble Apex Court in case
of National Insurance Co. Ltd. v. Swarma Singh & Ors., 2004 3 SCC
297; Mangla Ram v. Oriental Insurance Co. Ltd., 2018 5 SCC 656,
Rani & Ors. v. National Insurance Co. Ltd. & Ors., 2018 9 SCALE
310 and including Manuara Khatun and Others v. Rajesh Kumar
Singh and Others, 2017 4 SCC 796.