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1 - 10 of 28 (0.49 seconds)The Employee's Compensation Act, 1923
The Motor Vehicles Act, 1988
Section 95 in The Motor Vehicles Act, 1988 [Entire Act]
United India Insurance Co. Ltd., Shimla vs Tilak Singh And Ors on 4 April, 2006
In United India Insurance Co. Ltd. v. Tilak Singh this
Court referred to the concurring opinion rendered in a
three-Judge
Judge Bench decision in New India Assurance Co.
Ltd. v. Asha Rani and ruled thus:
New India Assurance Co. Ltd vs Sadanand Mukhi & Ors on 18 December, 2008
In New India Assurance Company Ltd. vs. Sadanand Mukhi
and others (2009) 2 SCC 417, the Hon'ble Supreme Court was pleased
to hold that Section 146 of the Act lays down the requirements for
insurance against third party risk and where a third party risk is involved,
an insurance policy is required to be mandatorily taken out. The
provisions of the Act provide for two types of insurance, one statutory in
nature and the other contractual in nature. By taking an "Act Policy" the
owner of a vehicle fulfill his statutory obligation as contained in
Section 147 of the Act whereas the Insurance company is bound to
compensate the owner or the driver of the motor vehicle in case any
person dies or suffers injury as a result of an accident. However, if the
owner of the vehicle or others are proposed to be covered, an additional
premium is required to be paid for covering their life and property. If
the liability of the Insurer is contractual its liability extends to the risk
covered by the policy of insurance. If additional risks are sought to be
covered, additional premium has to be paid.
Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
National Ins.Co.Ltd vs Balakrishnan & Anr on 20 November, 2012
The distinction between Act
Only Policy and a Comprehensive / Private Car Package Policy has been
dealt with by the Hon'ble Supreme Court in the case titled as "National
Insurance Company Ltd. vs. Balakrishnan and another" ( 2013) 1
SCC 731 and it has been held that an "Act policy" admittedly cannot
cover a third-party risk of an occupant in a car. But, if the policy
is a "comprehensive / package policy", the liability would be
covered.
New India Assurance Co. Ltd vs Asha Rani & Ors on 17 August, 2001
In our view, although the observations made in
Asha Rani case were in connection with carrying
passengers in a goods vehicle, the same would apply
with equal force to gratuitous passengers in any other
vehicle also. Thus, we must uphold the contention of the
appellant Insurance Company that it owed no liability
towards the injuries suffered by the deceased Rajinder
Singh who was a pillion rider, as the insurance policy
was a statutory policy, and hence it did not cover the
risk of death of or bodily in
injury
jury to a gratuitous
passenger."