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1 - 7 of 7 (0.37 seconds)Section 39 in The Motor Vehicles Act, 1988 [Entire Act]
Section 40 in The Motor Vehicles Act, 1988 [Entire Act]
Narinder Singh vs New India Assurance Company Ltd And Ors on 4 September, 2014
In this regard, pronouncement
of the Apex Court in Narinder Singh vs. New India Assurance
Company Ltd. & Ors., (2014) 9 SCC 324, is relevant, wherein it
has been held that using of vehicle on the public road without
any registration is not only an offence punishable under Section
192 of the M.V. Act but also a fundamental breach of the terms
and conditions of the policy contract. Therefore, there is
fundamental breach of the terms and conditions of the policy
contract by the owner in the present case. Therefore, plea of the
appellant-owner in FAO No. 64 of 2022 is not sustainable
because ailment of father as well as wife of the owner not a
valid ground for not applying for permanent registration of the
vehicle within stipulated period. There is no such provision in
the Act or Rules for dispensing with the mandatory requirement
of registration of vehicle to ply it on public road.
National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
12. The Apex Court in National Insurance Co. Ltd. vs.
Swaran Singh and Ors., (2004) 3 SCC 297, has held that
Insurance Company cannot absolve of its liability of initially
satisfying the award passed in favour of third party with right to
recover from the owner and the driver of the vehicle.
National Insurance Company Limited vs Kamal Kishore & Others on 5 July, 2019
In the similar circumstances, judgment dated
05.07.2019 passed in FAO (MVA) No. 564 of 2018, titled as
National Insurance Company Ltd. vs. Kamal Kishore & Ors,; and
judgment dated 29.03.2022, passed in FAO No. 124 of 2018,
titled as Reliance General Insurance vs. Swarna Devi & Ors. by
Coordinate Benches of this Court, are also relevant wherein it
has been held that in a situation like present case, the Insurance
Company is liable to pay compensation payable to the third
party.
Vijay Kumar Verma And Ors vs Ramjiwan Rai And Ors on 14 October, 2019
5(i). Dependents of Manoj Kumar preferred Claim Petition
before Motor Accident Claims Tribunal-I, District Kangra, H.P. by
filing Claim Petition No. MACT No. 65 of 2016, titled as Vijay
Kumari & Ors vs. Rai Singh & Ors., wherein, after taking into
consideration the pleadings and evidence on record, the MACT
has awarded compensation in favour of claimants amounting to
Rs. 65,30,488/- with interest therein @ 6% per annum from the
date of filing the petition till its realisation with direction that the
compensation shall be paid to the claimants by Insurance
Company being insurer with right to recover the same from the
owner of the car Rajinder Kumar. This award has been assailed
by filing FAO No. 64 of 2022.
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