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1 - 10 of 20 (0.65 seconds)The Motor Vehicles Act, 1988
Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
Jugal Kishore And Anr. vs Ramlesh Devi And Ors. on 26 September, 2003
13. A Full Bench of the Madhya Pradesh High Court in Jugal Kishore and another v. Ramlesh Devi and others, 2004 ACJ 297, while dealing with the meaning and scope of 'third party' under Section 145(g) of the Motor Vehicles Act, has also held that the 'third party' should include everyone, be it a person travelling in another vehicle, one walking on the road or a passenger in the vehicle itself which is the subject matter of the insurance policy. In this context, it is pertinent to extract the relevant paragraphs of the said judgment, as follows:-
Section 95 in The Motor Vehicles Act, 1988 [Entire Act]
Royal Sundaram Alliance Insurance Co. ... vs A. Meenakshi on 4 March, 2009
In the light of the above, if the arguments of the claimants are considered that both the injured are third parties as per Section 145(g), the Hon'ble Division Bench of this Court in Royal Sundaram Alliance Insurance Company Limited v. A.Meenakshi and others, 2009-2-L.W. 353 has also held that under Section 145(g), a third party is one who is neither the insurer nor the insured. In this context, it is relevant to extract paragraph-6 of the said judgment, as follows:-
The New India Assurance Co. Ltd. vs Vijayakumar And Ors. on 31 January, 2001
One another contention made by the learned counsel for the appellant that the owner of the vehicle had taken only an 'Act policy' and when there was no coverage on the employees, namely, loadmen of the Tractor, also cannot be accepted, in the light of the judgment of this Court in the New India Assurance Company Limited, Salem v. Vijayakumar and others, 2001-2-L.W.833, wherein this Court has held that even if it is an 'Act policy', the insurance company has to pay the amount quantified by the Tribunal.