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Thursday, July 1, 2010

Motor Vehicles Act, 1988

Motor Vehicles Act, 1988
Compensation--Release of amount of compensation awarded deposited in fixed deposits declined observing that alleged necessity of petitioner for higher education is not substantiated by any document--Is illegal and non sustainable--As per award amount has to be released to petitioner on attaining age of majority even if he had no immediate necessity for amount--Impugned order set aside--Amount of fixed deposit of petitioner including accused interest ordered to be released.; Tarun Chabbra v. Motor Accident Claims Tribunal, Karnal & Ors., ; 2010(1) Law Herald (P&H) 880
Compensation--Transfer of Vehicle--Liability to bear compensation--Fact that respondent no.2 was registered owner of vehicle in question at time of accident admitted--Truck in question was taken on superdari from police custody after accident by respondent no.2 claiming himself to be owner of vehicle--From facts on record it cannot be said that sale of vehicle as claimed by respondent no.2 was complete in all respects except transfer of ownership in record with Registering Authority--Held; that appellant to whom vehicle was allegedly transferred by way of execution of document though not registered with Registering Authority not liable to bear compensation payable on account of accident in question.; Sham Sunder v. National Insurance Company Ltd. & Ors., ; 2010(1) Law Herald (P&H) 842
S.163-A--Claim Petition--Maintainability of--Claim by claimant that deceased was of 40 years at time of death and used to earn around Rs.18,000/- p.m. from agriculture and diary farming--Section 163-A of Act is special provision particular for class of persons whose income is Rs.40,000/- p.a.--Person with higher income cannot scale down his income to claim benefit under Section 163-A--Claim petition rightly dismissed being not maintainable.; Mithlesh & others v. Satbir Singh & Ors., ; 2010(1) Law Herald (P&H) 838
S.166--Compensation--Denial of--Accident took place in front of college at 9.30 a.m. when there is heavy rush and traffic--Claimant, who was student neither taken to hospital nor college authorities informed about accident--No MCR recorded--Claimant failed to connect injury with accident--Story put by claimant not believable--He could not claim compensation.; Sudesh v. Virender Singh & Ors., ; 2010(1) Law Herald (P&H) 822