Search Results Page
Search Results
1 - 10 of 14 (1.97 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Section 165 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Oriental Insurance Co. Ltd vs Sunita Rathi & Ors on 4 December, 1997
The liability of the company to pay
compensation was disputed, on the ground that being the legal
16
heir, she has stepped into the shoes of the insured and that
therefore, placing reliance on a decision in Oriental Insurance
Co. Ltd., v. Sunita Rathi reported in 1998 ACJ 121, it was
contended that, as per the policy, she cannot claim
compensation, as the legal heir of the deceased. Per contra,
the respondent therein, has contended that inasmuch as the
policy considered in the abovesaid reported case, was a
comprehensive policy, the Insurance Company cannot
repudiate the claim.
New India Assurance Co. Ltd vs Kendra Devi & Ors on 31 October, 2007
Reliance was also placed on the following
decisions, (i) New India Assurance Co. Ltd. v. Kendra Devi and
others, 2008 (1) TN MAC 67 (SC): 2008 (1) CTC 430;
Oriental Insurance Co. Ltd vs Jhuma Saha And Ors on 16 January, 2007
(ii) Oriental Insurance Co. Ltd. v. Jhuma Saha and others,
2007 (2) TN MAC 56 (SC) : 2007 ACJ 818;
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
The multiplier relevant for the age of the
deceased as per the decision of the Supreme Court in SARLA
VERMA v. DELHI TRANSPORT CORPORATION6 is 15. Hence,
the loss of future income to the claimants would come to be
Rs.30,24,000/- i.e., Rs.2,01,600/- X 15.
Royal Sundaram Alliance Insurance ... vs A.Pappathi . on 9 January, 2015
14. A decision of the High Court of Madras reported in Royal
Sundaram Alliance Insurance Co. Ltd., v. A.Pappathi and
others4 was relied upon by the respondent's counsel, wherein
the Insurance Company disputed its liability on the ground that
the victims are gratuitous passengers and there is no statutory
liability to cover the risk of occupants. The High Court considered
the circular dated 17.03.1978 issued by the Tariff Advisory
Committee, directing the Insurance Companies to incorporate
the words, 'including occupants carried in the motor car provided
that such occupants are not carried for hire or reward'.
It was held that India Motor Tariff, 2002 supersedes earlier
provisions of tariff and under India Motor Tariff, 2002
Package Policy casts liability on the insurance company to
compensate the death or bodily injury to any person, including
occupants carried in the vehicle, provided such occupants are
not carried for hire or reward and hence insurance company
would be liable.