JUDGMENTS RELATED TO MV ACT

JUDGMENTS RELATED TO MV ACT

 

Whether a claim petition can be dismissed for non production of documents mentioned under Rule 211 of the Gujarat Motor Vehicles Rules,1989

There is no judgment on this point but Rule 211, sub rule 5

provides that:  with all claim petition, preferred u/s 166 of the

Act, FIR, Injury Certificate or Postmortem Report and details of

owner and insurance policy of offending vehicle, supplied either

by police or regional transport authority should be furnished.

22.1.1. Above referred provisions are mandatory provision and

deviation therefrom, would lead to dismissal of the claim

petition. However, it is to be noted that along with claim

petition, original documents are not required to be furnished

and only photo copy of such documents will do. Original

documents may be produced when the stage of evidence

comes.

 Details of Proposal Forms for Private Cars/Motorised Two

Wheelers Package Policy and Liability Only/ Act Policy:

Above referred details may be gathered from the India Motor

Tariff. See Section5,

 Standard wordings in respect of the Policy including Premium computation Table, Certificate of Insurance and Cover Note:Details above may be gathered from the India Motor Tariff. See Section6,

Details can also be downloaded from IDRA web site by

searching 'India Motor Tariff'.

Whether executing court can pass an order of attachment of Residential premises/home?

29.1 In the case of Prem Chand v/s Akashdeep, reported in 2014

ACJ 1467 (P&H), it is held that Executing court was justified in

proceeding against residential property of judgmentdebtor

and further held that special privileges given u/s 60 (ccc) of CPC for enforcement of decree cannot be applied in the cases of

enforcement

When possession of vehicle is taken over by the transferee along with certificate of insurance, Insurance company is liable to pay amount of compensation.

In the case before Hon'ble Apex Court a Tractor trailer loaded

with sand overturned and its driver sustained fatal injuries. Said

vehicle was transferred by its original owner to the transferee

and deceased was an employee of the transferee but insurance

policy subsisted on the date of accident in the name of original

owner. Whether in the said facts and circumstance of the cases,

insurance company can be held liable to pay compensation?It

is held by Hon'ble Apex Court that since on the date of accident,

ownership of the vehicle stood transferred from its original

owner to transferee and premium for legal liability to person

employed in connection with operation and/or loading

unloading of vehicle had been paid and, therefore, insurance

company is held liable to pay amount of compensation. Mallamma

v/s National Insurance Company, reported in 2014

ACJ 1266 (SC).