proviso to Section 95(1) of the Act and hence the tortious liability of the owner towards him must be covered by the insurance policy ... goods vehicle along with his goods for hire or reward, the tortious liability of the owner is required to be compulsorily covered by the insurance
proviso to Section 95(1) of the Act and hence the tortious liability of the owner towards him must be covered by the insurance policy ... goods vehicle along with his goods for hire or reward, the tortious liability of the owner is required to be compulsorily covered by the insurance
therefore Art. 2361 of the Portuguese Civil Code which deals with tortious liability is to be held as still in force once there is nothing ... been repealed by any corresponding Act or enactment dealing with tortious liability.
11. Shri Kholkar has invited my attention to Article 79 of the Schedule
order to ensure that in future nobody may be allowed to deny liability arising out of frivolous complaint, false charges, malicious prosecution or like unfounded ... under the tortious liability, is clearly set out in the complaint. Looked from this angle, the complaint filed by the special power of attorney does
factors relevant to a decision to impose, or not to impose, liability are many and varied."
55. In "Winfield and Jolwiez on Tort ... with the Meaning of Law of Tort and the Foundation of Tortious liability, the discussion is as follows:--
"...... Salmond had asked, 'Does
under Section 163-A could be legitimately made, without considering his tortious liability and upon considering his annual income.
7. The contract of insurance covered ... fault. He would, therefore, incur liability. That would be tortious liability. The insurance company would, therefore, indemnify the owner against any third party liability. This
were, therefore, called upon to determine the question of "the liability of the insurance company for the death of or bodily injury ... Nasibdar:s case, . For the reasons they held:
".....hence the tortious liability of the owner towards him must be covered by the insurance policy
Nasibdar Suba Fakir vs Adhia And Company And Ors. on 25 January, 1983
Equivalent citations
motor vehicle.
Essentially, such claim is in the nature of tortious liability. Over a
period of time, the same has been substantially codified. With
exponential
were, therefore, called upon to determine the question of "the liability of (he Insurance Company for the death or bodily injury to the hirer ... case. For these reasons they held : --
"..... hence the tortious liability of the
owner towards him must be covered by the
insurance policy ....." (Nasibdar