Motor Vehicles Act, 1988—Sections 166, 173, 149(2)—Appeal against award—Goods vehicle carrying passengers—Breach of permit—Tribunal held owner and insurer jointly and severally liable to pay the compensation to claimants—Deceased died in an accident arising out of use of offending Tempo—FIR indicates that, 52 to 55 persons had boarded in goods Tempo for attending a marriage—Insurance policy indicates that, the vehicle was registered and insured as a goods carriage—Deceased was travelling as gratuitous passenger in goods carriage at the time of accident—Beach of insurance policy has been established—Held, Insurer has no liability in law to satisfy award in terms of S. 149 of M.V. Act —Insurer shall be entitled to recover the amount paid to claimants as per award along ...

(A) Appeal against award—Motor Vehicles Amendment Act, 2019—Sections 146, 149, 159, 160, 161, 164 and 166—Motor accident—Deceased was 24 years old—Working as Managing Director at DRV Drinks Pvt. Ltd. —His car hit from behind by a bus owned by appellant—Claimant before MACT—Seeking compensation—MACT awarded a total sum of Rs. 31,90,000/- along with 7% interest—Appeal—High Court affirmed the findings of MACT—Hence this appeal—On date of accidents appellant did not have a valid and effective permit to ply offending vehicle on route where accident took place—Concurrent findings of facts do not warrant any since they do not outrageously defy logic as to suffer from vice of irrationality and neither incur blame of being perverse—Supreme Court was of the co...

Motor Vehicles Act, 1988—Section 173(1)—Appeal Against Award—Claim for Compensation—Negligence—Dismissal of Claim Petition by Tribunal on Grounds of Deceased's Negligence in Riding Motorcycle—The claimants, parents of the deceased Ajay, appealed against the Tribunal's dismissal of their compensation petition arising from a fatal accident involving a motorcycle and a parked tractor—The accident occurred due to a Jeep's high beam headlights impairing visibility, leading the deceased to collide with the parked tractor—The Tribunal exonerated the insurance company, attributing the accident to the deceased’s negligent riding—The appeal contended that the Tribunal erred in its findings, arguing that evidence indicated the Jeep’s negligent operation contributed signifi...

Constitution of India, 1950—Article 136—Arbitration Act, 1940—Section 23, Section 30, Section 39—Appeal pertains to an arbitration award, emphasizing the finality of arbitrators' decisions. Courts, when hearing applications under Section 30, lack appellate jurisdiction, and reappraising evidence is impermissible. The interpretation of a contract falls within the arbitrator's domain. Interference with an award is limited, even if reasons are provided, unless they are perverse or based on a wrong legal proposition. An apparent error does not warrant close scrutiny. If the arbitrator's view is plausible, courts refrain from interference. In this case, the arbitrator's finding that time was not of the essence was upheld, and the appeal against the award was rightly dismissed. ...