Rahul Singh
27 October 2013 at 11:39
Whether upon the dismissal of the claim case under M.V.Act the claimants are to refund the amount received U/s.140. Although there is no mention for returning of the interim amount received by claimant in the Award passed. Need ruling on the point for refund?
Rahul Singh
28 February 2013 at 20:52
There is a M.V. claim case wherein the claimant(wife) is getting pension amount that her husband was getting even after his death, and there is no loss of income. So whether she is entitled to amount only under the head of Loss to estate or full amount on calculation Please help.
Rahul Singh
23 July 2012 at 20:36
In the case the insured(owner)had died much before the date of accident, vehicle was transfered in wife's name after 5 months of the period of expiry of policy.Permit was in the name of dead(owner)on the date of accident.Ins.policy covers the date of accident. Claim has been filed by a third person for hit by this vehicle. What is the status of Ins.Co. in the matter and whether co. is liable or not. Kindly guide and also if there is any judg. on the point do share it.
Rahul Singh
01 May 2012 at 20:57
As the legal position of the employee of an individual/ firm whilst on duty according to the definition of MV Act u/s -147(1) ii states "the insurer need not to cater the needs of insurance other than driver
conductor,ticket examiner in buslabourer in truck along with driver and cleaner
to cover any contractual liability but policy shall not be required to cover liability in respect of the death, arising out of and in the course of employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of or in the course of employment other than a liability arising under WCC Act.1923.
Here the question is that-we have got a petition stating that a lad was working under the owner of our insured two wheeler as computer operator, while he was using his master's two wheeler he sustained injury,our defence was that, being an employee of the Owner of two wheeler, suppose we can not consider this lad as third party, at the same time, thre's no provision for covering the risk of employee in two wheeler and no premium found collcted to cater the risk of employee. To prove this legal position I need strong supporting rulings.Kindly guide.
Rahul Singh
25 April 2012 at 20:33
In one claim case the matter was compromised in LA between the claimant & Ins.Co. Later on when the INs.Co. verified in details of the Ins.policy it was found that they had not insured the particular vehicle through that policy.Although now LA orders are final & cannot be challenged in Appeal or revision, but in such a situation where fraud is played upon Ins.co. what remedy lies ahead for cancellation of the LA order? Kindly suggest with suitable ruling.
Rahul Singh
08 March 2012 at 22:07
As held in the judgment of the Supreme Court in National Ins.Co. v/s Cholleti Bharatamma(2007 Scale(12)560)-in para 17 that"It is now well settled that the owner of the goods means only the person who travels in the cabin of the vehicle." How it has been well settled, as stated. Is the point earlier decided in some other case or discussed elsewhere,because there are no wording in S.147 of the Act or any rules or policy document that mentions of owner to be sitting in cabin only? kindly give your opinion on the point and help come to a conclusion.
Rahul Singh
14 February 2012 at 21:48
What is "Agreement to live in house". Is it same as rent agreement. Kindly someone explain and is there any special draft for same.
Rahul Singh
30 January 2012 at 22:24
There is a recent Judgment of National Consumer Commission on the point that in Marine Cargo policy each & every consignment sent need not be declared with the insurance co. i.e. consignment which is declared is covered under insurance & which is not declared will not be covered by insurance.Need that judgment as urgent or can get the parties name etc.
Rahul Singh
14 January 2012 at 19:23
What will be the position/liability when borrower borrows M/cycle from its registered owner and then takes a person to drive it. He meets with accident(now here he is a pillion rider).Whether in such situation Ins.Co. will be liable OR he steps into the owner's shoes.Need ruling on the point?
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Award by arbitrator
I am served with the notice of executing court of the Award of the arbitrator passed against me. The said award does not bear seal of any court.I want to know whether the award of the Arbitrator simply can be got executed without its becoming a Rule of Law or Court to attain the status of decree of a court?