JUDGMENTS RELATED TO PRIVATE INVESTIGATOR, HELPER, CLEANER COOLIE, PREMIUM AND ADDITIONAL PREMIUM UNDER MV ACT.

 

JUDGMENTS RELATED TO PRIVATE INVESTIGATOR, HELPER, CLEANER COOLIE, PREMIUM AND ADDITIONAL PREMIUM UNDER MV ACT.

 

Whether the verification report of driving licence

issued by District Transport Officer is a public document and can be relied upon? Held ; no. Unapproved verification report obtained by a private person cannot be treated as public document.

2011 ACJ 2138 (DEL)

Passenger stated before the investigator that he was

fare paying passenger said report not produced by IC

along with reply claimant had no opportunity to rebut the said document Tribunal relied upon the report of investigator order sustainable. Held ; no as insurance Com has failed to establish breach of policy

2011 ACJ 1688 (MP)

 Helper – Cleaner - Coolie:

Risk of cleaner engaged on goods vehicle is covered

by proviso (i) (c) of section 147(1) of MV Act? Held; yes. Insurance company is held liable to pay compensation to the cleaner.

2005 ACJ 1323(SC), 2007 ACJ 291(AP), 2011 ACJ

1868 (AP), 2014 ACJ 1776 (Ori)

But for the case of cleaner of bus please see2014

ACJ 1739 (AP) – IC held liable.

Helper – Act Policy whether, helper can be treated as

passenger? Held ; No.

SC judgment followed.

2012 ACJ 2554 (GAU).

Goods vehicle Cleaner sustained injuries he filed

claim petition under the M.V. Act whether, IC is

liable? Held ; Yes but only to an extent of amount of

compensation admissible under the W.C. Act.

2013 ACJ 1025.

Death of helper excavator dashed with the pillar and

helper died because, pillar fell on the helper IC

sought to avoid its liability on the ground that helper is the employee of the hirer and therefore, IC

is not liable – Whether sustainable held – No As

deceased was not hired on vehicle neither he was

travelling in the said vehicle. 2013 ACJ 1049.

Driver and Cleaner sustained injuries while unloading goods Whether claim petition u/s 163A is maintainable? Held ;Yes.

2014 ACJ 1206.

Helper of the public service vehicle is entitled to

recover amount of compensation from IC.

2015 ACJ 1632 (Ori) followed 2013 ACJ 2205 (SC)

– Ramachandra v/s Regional Manager.

Premium and Additional Premium:

Act policy goods vehicle payment of additional

Premium whether risk of person engaged in

loading/unloading is covered and IC is liable to pay

amount of compensation? Held ; yes

2011 ACJ 1762 (KER)

Public risk policy extent of liability of IC truck hitting scooter resulting in death of pillion rider premium

was paid for public risk liability which was

more than the prescribed for the act liability whether

in this case liability of IC is limited as per the act? –  held ;no public risk is wider term and

covers entire risk faced by the owner of vehicle public

risk would cover unlimited amount of risk IC is liable

2010 ACJ 2783 (GUJ), 2011 ACJ 2029 (DEL)

Payment of premium was made on 6.12.2003 IC

Received payment without there being all details of the

vehicle and issued policy on 29.1.2004 – Accident

occurred on 28.1.2004 whether in such situation IC

can be held liable? Held – Yes.

2013 ACJ 1344 (J&K), 2018 ACJ 643 (Chh)