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I, (Akshay Suri- ENRL NO. 06413403810) , hereby declare that the dissertation entitled
(INSURANE LIABILITY UNDER MOTOR VEHICLES ACT- A CRITICLAL
STUDY) submitted for the degree of bachelor of laws is my original work and the
dissertation has not formed the basis of for the award of any degree, diploma, associate
ship, fellowship or similar other titles. It has not been submitted to any other University
or Institution for the award of any other degree or diploma.
Date:
Place:
(Akshay Suri)
Enrl. No. 06413403810
CERTIFICATE OF SUPERVISOR
It is certified that the dissertation entitled (INSURANE LIABILITY UNDER MOTOR
VEHICLES ACT- A CRITICLAL STUDY) is a record of research work done by Mr.
Akshay suri during the period of his study and that the dissertation has not previously
formed the basis of for the award of any degree, diploma, associate ship, fellowship or
similar other titles and that it is an independent work done by him.
Date:
Place:
Supervisor
Mrs. Vijeta Verma
Assistant Professor
ii
CERTIFICATE OF PRINCIPAL
It is certified that the dissertation entitled (INSURANE LIABILITY UNDER MOTOR
VEHICLES ACT- A CRITICLAL STUDY) is a record of research work done by Mr.
Akshay suri during the period of his study and that the dissertation has not previously
formed the basis of for the award of any degree, diploma, associate ship, fellowship or
similar other titles and that it is an independent work done by him.
Date:
Place:
Principal
Prof. (Dr.) T.P.S. Rathore
iii
ACKNOWLEDGEMENT
I wish to acknowledge my indebtedness to Mrs. Vijeta Verma, for her valuable guidance
and suggestions, keen interest and pain, and taking efforts at all stages of this research
work. I wish to acknowledge my indebtedness to Prof (Dr.) T.P.S. Rathore, Principal
,Ideal Institute of mgt & tech & (School of law) , GGSIP University for his valuable
suggestions from time to time.
Thanks are also due to all my batch-mates, colleagues and friends for their constant help
and encouragement to complete this work.
Finally, I express my deep sense of gratitude to my family members for their constant
support.
iv
LIST OF ABBREVIATIONS
Journals/ Reporters
ACJ
ACC
ACJR
All ER
AIHC
AIR
APLJ
BLJR
Civil LJ
CLR
DLR
DLT
GLR
ILR
Ker LJ
LW
Law Weekly
MLJ
NSWR
SCC
TAC
WLR
AC
Appeal Cases
All
Allahabad
AP
Andhra Pradesh
Bom
Bombay
Cal
Calcutta
Others
DB
Division Bench
Del
Delhi
Guj
Gujarat
Gau
Gawhati
HC
High Court
HP
Himachal Pradesh
Ker
Kerala
Kant
Karnataka
KB
King Bench
LC
Lord Council
MACT
Mad
Madras
MP
Madhya Pradesh
Mys
Mysore
Ori
Orissa
Pat
Patna
Punj
Punjab
P&H
PC
Privy Council
QB
Queen Bench
Raj
Rajasthan
SC
Supreme Court
Trip
Tripura
UP
Uttar Pradesh
UK
United Kingdom
US
United States
vi
LIST OF CASES
1.
2.
3.
Samati Deb Barma v. State of Tripura, 1987 ACJ 205 at p. 207(Gau) (DB).
4.
National Insurance Co. Ltd. v. Anjali Mallick, (1993) 2 ACC 543 (Cal) (DB).
5.
Divisional Manager, New India Assurance Co. Ltd. v. Tumu Gurava Reddy,
2000(1) Civil LJ 24 (AP).
6.
New India Assurance Co. Ltd. v. Yosoda Devi, 1996(2) PLJR 329 at p. 339.
7.
8.
9.
10.
11.
Oriental Fire and General Insurance Company Ltd. v. Shahjehan Begum, AIR
1997 MP 1 at 4.
12.
13.
Oriental Insurance Co. Ltd. v. Minaxi and others, 2000 ACJ 385 (Kant).
14.
15.
New India Insurance Co. Ltd. v. Krishan Pal Singh, 2000 ACJ 522 SC.
16.
Oriental Fie and General Insurance Co. Ltd. v. K. Hanumanthan Rao and others,
1997 (1) AC Com 74 at p. 80 (AP).
17.
18.
Indarjeet Singh & Co. v. Karnal Prakash Pawar, AIR 1989 Bom 325 (DB)
19.
20.
Wangaurd Fire Genral Insuranec Co. v. Sarala Devi, AIR 1959 Punj. 297
21.
Motor Owners Insurance Co. Ltd. V. Khet Pal Singh, AIR 1983 Raj 88 at p. 89.
22.
vii
TABLE OF CONTENTS
DECLARATION
CERTIFICATE OF SUPERVISOR
ii
CERTIFICATE OF PRINCIPAL
iii
ACKNOWLEDGEMENT
iv
LIST OF ABBREVIATION
LIST OF CASES
v-vi
vii
Chapter I: Introduction
1-7
1.1
History
1.2
1.3
Methodology
1.4
Chapterization Scheme
8-28
2.1
2.2
2.3
13
29-43
3.1
Introduction
29
3.2
Legislative Response
30
3.3
Statutory Provisions
30
3.4
31
3.5
32
3.6
32
3.7
33
3.8
35
viii
3.9
36
3.10
37
3.11
Permanent Disablement
38
3.12
39
3.13
40
3.14
3.15
41
43
44-69
4.1
Introduction
44
4.2
45
4.3
48
4.4
50
4.5
51
4.6
53
4.7
53
4.8
54
4.9
55
4.10
60
4.11
60
4.12
61
4.13
4.14
61
4.15
62
4.16
67
ix
68
4.17
68
70-74
Bibliography
75
Appendix
76-77