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1 - 10 of 69 (1.20 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Dhanraj vs New India Assurance Co. Ltd. & Anr on 24 September, 2004
18. However, learned counsel for the respondent has relied upon decision reported in 2008 (3) TAC page 483 in which the question for consideration was whether Insurance Company is liable for compensation in respect of the claim made by the owner or the representative of the owner as third party claim. Taking into consideration Dhanraj V. New India Assurance Company Limited 2004 (8) SCC 553, 2007 A.C.J. 821 (New India Assurance Company Limited V. Meera Bai and others, 2007 A.C.J. 818 (Oriental Insurance Company Limited V. Jhuma Saha and 1998 A.C.J. 531 held that these cases the policy was act policy and in the act policy the risk of owner and representative or pillion rider is not covered (Amrit Lal Sood and another V. Vaushalya Devi Thapar and others) However it is open to the Insurance Company and insurer to the extent coverage of the Act or statutory policy to bodily injury or death of the insured or even driver or pillion rider. It has further been held that policy is not merely a statutory policy, term of the policy cover the risk of the owner and their legal representative and the claim by kith and kin of the insured regarding death have to be treated as third party cover under Section 147 of the Motor Vehicle Act. covers liability incurred by the insured in respect of death or bodily injured to any other person including the owner. Hence the decision relied upon by claimant respondent held that if policy covered the risk of owner to the extent treated as third party cover.
The Insurance Act, 1938
Oriental Insurance Co. Ltd vs Jhuma Saha And Ors on 16 January, 2007
18. However, learned counsel for the respondent has relied upon decision reported in 2008 (3) TAC page 483 in which the question for consideration was whether Insurance Company is liable for compensation in respect of the claim made by the owner or the representative of the owner as third party claim. Taking into consideration Dhanraj V. New India Assurance Company Limited 2004 (8) SCC 553, 2007 A.C.J. 821 (New India Assurance Company Limited V. Meera Bai and others, 2007 A.C.J. 818 (Oriental Insurance Company Limited V. Jhuma Saha and 1998 A.C.J. 531 held that these cases the policy was act policy and in the act policy the risk of owner and representative or pillion rider is not covered (Amrit Lal Sood and another V. Vaushalya Devi Thapar and others) However it is open to the Insurance Company and insurer to the extent coverage of the Act or statutory policy to bodily injury or death of the insured or even driver or pillion rider. It has further been held that policy is not merely a statutory policy, term of the policy cover the risk of the owner and their legal representative and the claim by kith and kin of the insured regarding death have to be treated as third party cover under Section 147 of the Motor Vehicle Act. covers liability incurred by the insured in respect of death or bodily injured to any other person including the owner. Hence the decision relied upon by claimant respondent held that if policy covered the risk of owner to the extent treated as third party cover.
New India Assurance Co. Ltd. vs Meera Bai And Ors. on 11 November, 2005
18. However, learned counsel for the respondent has relied upon decision reported in 2008 (3) TAC page 483 in which the question for consideration was whether Insurance Company is liable for compensation in respect of the claim made by the owner or the representative of the owner as third party claim. Taking into consideration Dhanraj V. New India Assurance Company Limited 2004 (8) SCC 553, 2007 A.C.J. 821 (New India Assurance Company Limited V. Meera Bai and others, 2007 A.C.J. 818 (Oriental Insurance Company Limited V. Jhuma Saha and 1998 A.C.J. 531 held that these cases the policy was act policy and in the act policy the risk of owner and representative or pillion rider is not covered (Amrit Lal Sood and another V. Vaushalya Devi Thapar and others) However it is open to the Insurance Company and insurer to the extent coverage of the Act or statutory policy to bodily injury or death of the insured or even driver or pillion rider. It has further been held that policy is not merely a statutory policy, term of the policy cover the risk of the owner and their legal representative and the claim by kith and kin of the insured regarding death have to be treated as third party cover under Section 147 of the Motor Vehicle Act. covers liability incurred by the insured in respect of death or bodily injured to any other person including the owner. Hence the decision relied upon by claimant respondent held that if policy covered the risk of owner to the extent treated as third party cover.
Section 1 in The Motor Vehicles Act, 1988 [Entire Act]
Kaliathal And Ors. vs New India Assurance Co. Ltd. And Anr. on 28 October, 2002
33. Perusal of the above judgment shows that the main stress of the Insurance Company was that when there was no additional payment of premium, towards the owner's risk, the Company has to be exonerated from its liability from payment of compensation. After referring to Dhanraj v. New India Assurance Co. Ltd., reported in 2004 (4) CTC 716 and Kaliathal v. New India Assurance Co. Ltd., reported in 2004 (1) TNMAC 135 (DB), at Paragraph 7, the Division Bench held as follows: