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1 - 8 of 8 (0.48 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 304A in The Indian Penal Code, 1860 [Entire Act]
Section 337 in The Indian Penal Code, 1860 [Entire Act]
The Motor Vehicles Act, 1988
Bajaj Allianz General Insurance Co. ... vs Bhikhari Yadav & Ors. on 3 January, 2012
70. Furthermore, as held in the case of Bajaj Allianze
General Insurance Co. Ltd. v. Bhikhari Yadav, MAC APP. No.
727/11, dated 03.01.12 the defence of absence of any permit is to
be proved by the Insurance Company by summoning a witness
from the Registration Authority. The Hon'ble High Court with
regard to permit has held as under:
"Turning to the second limb of argument i.e.
issuance of permit to ply vehicle no. DL1G2715
on the date of the accident, the appellant
insurance company did not summon any record
from the relevant office of the Delhi Transport
MACT No. 272/12 Sh. Amar Singh & Anr. v. Sh. Dinesh Pal Singh & Ors. Page 15 of 20
MACT No. 287/12 Smt. Tulsi Roy & Ors. v. Sh. Dinesh Pal Singh & Ors. Page 15 of 20
Authority to show that on the date of the accident,
the vehicle did not have any permit to ply on the
road. Here again, the insurance company failed to
discharge the onus that there was breach of the
condition of policy in this regard".
Regional Manager Oriental Insurance Co ... vs B S Kalegowda S/O B K Subbegowda on 14 June, 2012
67. In the written statement, insurance company has not
MACT No. 272/12 Sh. Amar Singh & Anr. v. Sh. Dinesh Pal Singh & Ors. Page 14 of 20
MACT No. 287/12 Smt. Tulsi Roy & Ors. v. Sh. Dinesh Pal Singh & Ors. Page 14 of 20
taken a definite defence that the vehicle had no permit. The
defence is only that if the vehicle was being plied without
permit, then insurance company will have no liability. Such a
pleading is not a pleading of a defence that there was no permit
at the time of accident (See Oriental Insurance Co. Ltd. v. B.S.
Bhargava, a judgment of Hon'ble High Court of Delhi in MAC
APP. No. 127/10 dated 14.08.12).
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