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1 - 10 of 19 (0.28 seconds)Section 134 in The Motor Vehicles Act, 1988 [Entire Act]
Section 132 in The Motor Vehicles Act, 1988 [Entire Act]
The Employee's Compensation Act, 1923
The Fatal Accidents Act, 1855
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Section 133 in The Motor Vehicles Act, 1988 [Entire Act]
National Insurance Co. Ltd vs Swaran Singh & Ors on 5 January, 2004
9. The evidence on record shows that the victims
were traveling as gratuitous passengers. The Tribunal did
not consider the defence of the Insurer regarding
respondent No.1 not possessing valid fitness certificate and
permit of the vehicle. The Tribunal failed to note that the
liability of Insurer is subject to the insured adhering to the
provisions of the M.V.Act including Section 134(c) of the
M.V.Act. Even assuming that the claimants are entitled to
any compensation, the Tribunal should have directed the
Insurer to pay the compensation and recover from the
Insured. The owner of the vehicle did not comply with the
notice of the Insurer to produce the documents. The
judgments of the Hon'ble Supreme Court in National
Insurance Co. Ltd. v. Swaran Singh1 and Pappu v. Vinod
Kumar Lamba2 apply to the third party victims and not to
1
(2004) 3 SCC 297
2
(2018) 3 SCC 208
-9-
MFA No. 3374/2018
C/w MFA No. 3371/2018
MFA No. 4066/2018
MFA No. 4067/2018
the gratuitous passengers.
Pappu @ Manoj vs Vinod Kumar on 21 February, 2022
9. The evidence on record shows that the victims
were traveling as gratuitous passengers. The Tribunal did
not consider the defence of the Insurer regarding
respondent No.1 not possessing valid fitness certificate and
permit of the vehicle. The Tribunal failed to note that the
liability of Insurer is subject to the insured adhering to the
provisions of the M.V.Act including Section 134(c) of the
M.V.Act. Even assuming that the claimants are entitled to
any compensation, the Tribunal should have directed the
Insurer to pay the compensation and recover from the
Insured. The owner of the vehicle did not comply with the
notice of the Insurer to produce the documents. The
judgments of the Hon'ble Supreme Court in National
Insurance Co. Ltd. v. Swaran Singh1 and Pappu v. Vinod
Kumar Lamba2 apply to the third party victims and not to
1
(2004) 3 SCC 297
2
(2018) 3 SCC 208
-9-
MFA No. 3374/2018
C/w MFA No. 3371/2018
MFA No. 4066/2018
MFA No. 4067/2018
the gratuitous passengers.
Beli Ram vs Rajinder Kumar on 23 September, 2020
Even assuming that the
deceased were traveling in the vehicle as loaders, then the
judgment of the Hon'ble Supreme Court in Beli Ram v.
Rajinder Kumar3 applies. In such cases, the employer and
consequently the Insurer are liable to pay the compensation
as per the Schedule under the Workmen's Compensation
Act, 1923.