Judgments related to Registration of Vehicle/Number Plate , Helper, Cleaner, Coolie under MV act

Judgments related to Registration of Vehicle/Number Plate ,  Helper, Cleaner, Coolie under MV act

 

Registration number of offending vehicle not disclosed at the time of filling of FIR driver of offending vehicle, convicted by criminal court vehicle number, disclosed afterwards does not lead to the conclusion that there is collusion between claimant and driver of offending vehicle. 2012 ACJ 2176 (Del).

Use of vehicle without the registration certificate temporary

registration expired on the date of accident owner is not entitled to get anything under the Own Damage Claim. 2014 ACJ 2421 (SC).

Agent of the owner is not empowered to file petition for own damage under the M V Ac.2019 ACJ 162 (Kar)

Registration Certificate Expiry of liability of IC non renewal if RC on the date of accident – same is not illegality but irregularity and same will not absolve IC from its liability. 2014 ACJ 2399 (Kant) But contrary view is taken in 2014 ACJ 2665 (MP).

U/s 39 – Registration of vehicle – temporary registration – expired before the date of accident – under this circumstances, IC has to prove breach of terms of Policy as envisaged in Section 149(2) of the MV Act if IC fails to prove this, it liable to pay compensation first and then recover from Driver/owner.

 2015 ACJ 236 (Kar).

 

 HelperCleanerCoolie:

 

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 see 2014 ACJ 1739 (AP)

– IC held liable.

HelperAct Policy whether, helper can be treated as passenger?Held; No.

SC judgment followed. 2012 ACJ 2554 (GAU).

Goods vehicle Cleaner sustained injurie she 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.

A 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.