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Appeal under Section 173 of Motor Vehicles Act, 1988 In the Hon'ble High Court of judicature at …………………. First Appeal From Order No of ……..…. (Under Section 173 of M. V. Act, 1988) District- ………………. A B. ..Petitioner Versus C.D. …Respondents Appeal against the award dated …….20……. passed by the Motor Vehicles Accident Tribunal (IIIrd Additional District Judge),  ………. in Motor Vehicles Accident Case No. ……..of 20……: Between A. ...Claimants And B. … Respondents The relief sought for by the present appeal is that the Hon'ble Court may be pleased to allow the appeal and modify the impugned award by enhancing the compensation awarded to the appellants to reasonable limits with costs through out. Valuation of the petition Rs. ……………. Valuation of the Appeal Rs. …………… The Court fees paid Rs. …………. The present appeal is being filed inter alia on the following grounds : GROUNDS (i) Because the Court below has erred in law and on facts in awarding the lesser amount of the compensation. (ii) Because the Court below failed to consider that in view of the definite evidence of is longer in the family of the deceased he would have easily lived upto the aged 90 years. (iii) Because the Court below has failed to consider that with the passage of time the income of the appellant would have considerably increased. (iv) Because the Court below has failed to consider that appellants Nos. 2 to 4 were also deprived of the company of the deceased and each of them was entitled to a compensation of Rs. ………../- on this Court. (v) Because the Court below has failed to consider that in view of the evidence of longervity in the family of the appellant No. 1, she would easily live upto the age of …… years and shall be entitled to compensation for ………… years. (vi) Because the Court below has erred in law in determining the reasonable compensation payable to the appellants. Advocate for the appellant * Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Application and intimation of transfer of ownership in the name of the person succeeding to the possession of the vehicle (To be made in duplicate if the vehicle is held under an agreement of hire-purchase/lease/hypothecation and the duplicate copy with the endorsement of the registering authority to be returned to the financier simultaneously on making the entry of transfer of ownership in the certificate of registration) To, The Registering Authority, 1. Vehicle Registration No. : Make and Model: Chassis No: Engine No: Type of: 2. Name of the deceased registered owner: 3. Name of the person succeeding the possession of the vehicle: Son/wife/daughter of: Full postal address (Proof of address to be enclosed): 4. Relationship with the deceased registered owner: 5. Proof of his succession: Certificate of registration is enclosed herewith. Kindly transfer the ownership of the vehicle in my name. Signature of the applicant Date ........................ Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.15/-)

CHEQUE DIOSHONOUR WITNESS DIET MONEY IN THE COURT OF THE JUDICIAL MAGISTRATE ,……………………. Complaint No.: _______ Next Date of Hearing: ________ In the matter of: Complainant  Versus Accused Respectfully Sheweth:- List of Witness & Diet Money 1. The following witnesses may kindly be summoned for next date on behalf of the complainant alongwith the record as noted against them:- 2. Officials concerned of both the banks, ie; drawer Bank _________________ and drawee Bank _____ along with the relevant records pertaining to the account of the accused and the dishonoured cheque No. ________________ dated _______________. Rs. _______  3. Official concerned of the Postal department of Post Office ________________ along with record of registered letter receipt No. ____________________ and Post Office ________________ along with record of delivery of UPC & Registered Letter record. Rs. ______  4. Other witnesses, if any, will be produced by the complainant personally. 5. The complainant may also kindly allowed to deposit a sum of Rs. ______ on account of diet money in the above noted case. …………………………… Complainant ______ Through, Advocate  Process Fee In The Court of Judicial Magistrate , Coimbatore …………...........................................................................................  Versus ……………………………………………………………………………………………………_ Claim : for __________________________ Date of Hearing : ______ _______________For service of Witnesses 1. Officials concerned of both the banks, ie; drawer Bank ________________ and drawee Bank _____ along with the relevant records pertaining to the account of the accused and the dishonoured  cheque No. ______________ dated ____________. 2. Official concerned of the Postal department of Post Office _____________ along with record of registered letter receipt No. _______________ and Post Office _______________ along with record of delivery of UPC & Registered Letter record. ………………………………..….Advocate _______ _______ _______ Received on ______________ Court-fee stamp of the value of Rs. ____________ with _____ copies in case No. ______________________________ of 2004 in Re. _______ Vs _______. Signature of the Head Notice Writer  Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

Application for grant of permit in respect of Tourist Vehicle To, The State Transport Authority, I/We, the undersigned hereby apply for the grant of permit for tourist vehicle valid throughout the territory of India/in the State of ............ (specify the names of the States). 1. Name of the applicant(s) in full. 2. Status of the applicant, whether individual, company or partner- ship firm, co-operative society etc. 3. Name of father or husband (in case of individual) and in case of firm or company the particulars of managing partner or managing director, as the case may be. 4. Full address (To be supported by attested copy of ration card, electricity bill, etc. in case of individual or any other valid documentary proof to the satisfaction of State Transport Authority and in case of company or firm certified copy of the Memorandum of Association or copy of the partnership deed). 5. (a) Whether applicant himself intends to drive the vehicle? (b) If so, whether, applicant (i) holds Heavy Passenger Motor Vehicle Driving Licence. (ii) The number, date and validity period of driving licence. (iii) Name and address of the Licensing Authority. 6. Registration certificate alongwith the date of first registration, insurance certificate number. 7. Details of other permits if any, held in respect of a particular vehicle. 8. Details of total number of Tourist Permits held by the applicant. 9. Type of vehicle. 10. Make of motor vehicle. 11. Particulars of convictions/suspensions/cancellation, if any, during the past three years in respect of the vehicle/permit held by the applicant(s). 12. I/We forward herewith the certificate of registration of the vehicle or I/We will produce the certificate of registration of the vehicle before the permits are issued. 13. I/We hereby declare that the above statements are true and that I/We am/are the resident(s) of this State having principal place of business in this State at. 14. I/We have paid the fee of rupees... Date........................ Signature or thumb impression of the applicant. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Intimation of loss or destruction etc. of the certificate of registration and application for the issue of duplicate certificate of registration (To be made in duplicate if the vehicle is held under an agreement of hire-purchase/ hypothecation/lease and the duplicate copy with the endorsement of the Registering Authority to be returned to the Financier simultaneously on the issue of duplicate) To The Registering Authority Sir, The Certificate of Registration of my/our motor vehicle, the registration mark of which is ........................ has been lost/destroyed/completely written-off/soiled/torn/mutilated in the following circumstances. I/we hereby declare that to the best of my/our knowledge the registration of the vehicle has not been suspended or cancelled under the provisions of the Act or rules made there under and the circumstances explained above are true. I/We do hereby apply for the issue of a duplicate certificate of registration. The written off/soiled/torn/mutilated certificate of registration is enclosed. The vehicle is not held under any agreement of hire-purchase/lease/ hypothecation. I/We have reported the loss to the police on ........................ (date). Date.................. Signature/thumb impression of applicant along with full address. Strike out whichever is inapplicable. The vehicle is held under hire-purchase/lease/hypothecation agreement with ........................ and the “No Objection Certificate” obtained from the financier is enclosed. [Where “No Objection Certificate” is not enclosed applicant shall make a declaration as required under sub-section (8) of Section 51]. Signature of the Owner Name Full Address Specimen signature of the Owner. (1) (2) Note. -(1) Full particulars of the circumstances shall be furnished in the case of loss or destruction of the Registration Certificate. (2) Strike out whichever is inapplicable. For Office Endorsement Number.........dated..........Office of the......... A duplicate certificate of registration as requested above is issued with the note of agreement of hire-purchase/lease/hypothecation on ........................ and is noted in the original registration records in Form 24. Signature of the Registering Authority To (Name and address of the financier) By registered post or delivered under      proper acknowledgement. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.15/-)

SUIT FOR DAMAGES FOR INJURIES CAUSED BY NEGLIGENCE ON A RAIL ROAD IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus  C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. On the.................... day of.................... 19..................... the defendants were common carriers of passengers by roadways between.................... and 2. On that day the plaintiff was a passenger, in one of the carriages of the defendants on the said roadways, the bus No. being.................... 3. While he was such a passenger, at.................... (or near the crossing of .................... or between.................... and.................... ), a collision occurred on the said bus by a truck No..................... caused by the negligence and unskillfulness of the defendants’ servants, whereby the plaintiff was much injured (having his leg broken, his head cut, and (state the special damage if any, as), and incurred expense for medical attendance and is permanently disabled from carrying on his former business as (a salesman), (or thus: 3. On that day the defendants by their servants so negligently and unskilfully drove and managed’ their bus at he crossing between .................... and.................... that a truck coming in the right direction of its left, struck to the bus and the bus in trying to save the collision, struck against the plaintiff, whereby.................... (add as in para 3). 4. Cause of action arose within the jurisdiction of this court on.................... when the bus collided with the truck aforesaid and caused damage to the plaintiff’s body. 5. The damages caused to the leg is assessed to be of Rs................... and to the head of Rs................... total amount of damages being Rs..................... The suit is valued as such at Rs..................... and court-fee is paid thereon. RELIEF CLAIMED: The relief claimed by way of this suit is the payment of Rs..................... as damages from the defendant to the plaintiff. Plaintiff  Through Advocate  VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint-are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff LIABILITY OF INSURANCE COMPANY (SECTION 147) Under the Motor Vehicles Act, 1988 an Insurance Policy covering third party risk is not required to exclude gratuitous passengers in a vehicle no matter that the vehicle is of any type or class.1 JOINT APPEAL BY INSURER AND OWNER. A joint appeal by insurer and owner is maintainable only if any of the permitted defences is available to insurer.2 The rights of the third party to get indemnified can be exercised only against the insurer of the vehicle.3 WORD "DEATH" — INTERPRETATION OF Even though Motor Vehicles Act has not defined the word "death" the legal interpretations with reference to word "death" in Workmen’s Compensation Act will be applicable.4 CALCULATION OF DAMAGES A mathematical calculation based only on the amount of salary being drawn could not be the sole factor to be taken into consideration to style, the claim as, unrealistic, or ‘exaggerated’ or ‘excessive’.5 1. New India Insurance Co. Ltd. v. Satpal Singh, AIR 2000 SC 238. 2. Chinnama George v. N. K. Raju, AIR 2000 SC 1565. 3. New India Insurance Co. Ltd. v. Rula, AIR 2000 SC 1082. 4. Rita Devi v. New India Insurance Co. Ltd., AIR 2000 SC 1930. 5. Charan Singh v. Healing Fouch Hospital, AIR 2000 SC 3138. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Application for assignment of new registration mark on removal of a motor vehicle to another State (To be made in duplicate if the vehicle is held under an agreement of hire-purchase/lease/hypothecation and the duplicate copy with the endorsement of the Registering Authority to be returned to the financier simultaneously, on the assignment of a new registration mark). To The Registering Authority, I/We ........................ son/wife/daughter of .................................. being the registered owner of motor vehicle No. bearing chassis No. ........................ engine No. ........................ type of vehicle ........................ registered in the State of ........................ hereby declare that I/we have, since the ........................ day of ............................. kept the said motor vehicle in this State and hereby apply for the assignment of a New Registration Mark to the said motor vehicle. I/We, hereby declare that the registration is valid up to ........................ and it has not been suspended or cancelled under the provisions of this Act. I/we enclose the certificate of registration and the certificate of fitness (*) of this motor vehicle. I/we enclose a ‘No Objection Certificate’ from the Registering Authority. If the ‘No Objection Certificate’ from the Registering Authority is not enclosed the applicant should file along with this application a declaration as required under the first proviso to sub-section (1) of Section 47. * The vehicle is not subject to an agreement of hire-purchase/ lease/ hypothecation.  * The vehicle is subject to an agreement of hire-purchase/lease/ hypothecation with ........................ and I/we enclose the NOC received from financier. If ‘No Objection Certificate’ from the financier is not enclosed, the applicant should fill along with this application a declaration as required under sub-section (8) of Section 51. Date ........................ Signature or Thumb impression of the Applicant. *Strike out whichever is inapplicable. Office Endorsement Number ........................ date ........................ Office of the ........................ The vehicle No......................... on removal to this State has been assigned a new registration mark................................................ and ........................ (date).           (here enter the registration mark) Registering Authority To The Name and address of the Financier. By Registered post or delivered under proper acknowledgement. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.15/-)

Form of application for Registration of a Motor Vehicle Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-) To, The Registering Authority, 1. Full name of person to be registered as registered owner Son/wife/daughter of 2. Age of the person to be registered as Registered owner (Proof of age to be attached) 3. Permanent address of the person to be registered as registered owner (Evidence to be produced) 4. Temporary address of the person to be registered as registered owner 5. Name and address of the dealer or manufacturer from whom the vehicle was purchased (Sale certificate and certificate of road worthiness issued by the manufacturer to be enclosed) 6. If ex-army vehicle or imported vehicle enclose proof. If locally manufactured trailer/semi-trailer enclose the approval of design by the State Transport Authority and note the proceedings number and date of approval 7. Class of vehicle (If motor cycle, whether with or without gear) 8. The motor vehicle is (a) a new vehicle; (b) Ex-army vehicle; (c) Imported vehicle; 9. Type of body 10. Type of vehicle 11. Maker’s name 12. Month and Year of manufacture 13. Number of Cylinders 14. Horse power 15. Cubic capacity 16. Maker’s classification or if not known, wheel-base 17. Chassis number (Affix pencil print) 18. Engine number 19. Seating capacity (including driver) 20. Fuel used in the engine 21. Unladen weight 22. Particulars of previous registration and registered number (if any) 23. Colour or colours of body, wings and front end I hereby declare that the vehicle has not been registered in any State in India. Additional particulars to be completed only in the case of transport vehicles other than motor cab. 24. Number, description and size of tyres (a) Front axle (b) Rear axle (c) Any other axle (d) Tandem axle 25. Gross vehicle weight (a) as certified by the manufacturer (b) to be registered 26. Maximum axle weight (a) Front axle (b) Rear axle (c) Any other axle (d) Tandem axle 27. (a) Overall length (b) Overall width (c) Overall height (d) Over hang The above particulars are to be filled in for a rigid frame motor vehicle of two or more axles for an articulated vehicles of three or more axles, or, to the extent applicable, for trailer, where a second semi-trailer or additional semi-trailer are to be registered with an articulated motor vehicle. The following particulars are to be furnished for each such semi-trailer. 28. Type of body 29. Unladen weight 30. Number, description and size of tyres on each axle 31. Maximum axle weight in respect of each axle 32. The vehicle is covered by a valid certificate of insurance under Chapter XI of the Act. Insurance Certificate or cover note No...................dt......... of........ (Name of Company) 32. The vehicle is exempted from Insurance. The relevant order is enclosed. Valid from..........to......... 34. I have paid the prescribed fee of rupees Date...................... Signature of the person to be registered as Registered Owner Note. -The motor vehicle above described is,- (i) Subject to hire-purchase agreement/lease agreement with..... (ii) Subject to hypothecation in favour of ........................ (iii) Not held under hire-purchase agreement, or lease agreement or subject to hypothecation. Strike out whatever is inapplicable. If the vehicle is subject to any such agreement the signature of the person with whom such agreement has been entered into is to be obtained. Signature of the Owner Signature of the person with whom an agreement of hire-purchase, lease or hypothecation has been entered into. Specimen signature of the person to be registered as registered owner : (1) (2) (3) CERTIFICATE Inspected the vehicle Certified that the particulars contained in the application are true and that the vehicle complies with the requirements of the Motor Vehicles Act, 1988 and the Rules made thereunder. Signature of the Inspecting Authority Name........................ Designation........................ (For office endorsement) Ref. number........................ Office of the........................ Dated........................ The ........................ bearing chassis number ........................ and engine number ........................ has been assigned the registration number........................ and registered in the name of ................................................ and the vehicle is subject to an agreement of hire-purchase/lease/hypothecation........................ Registering Authority To (Name and address of the financier) By registered post or deliver under proper acknowledgement.

SUIT FOR DAMAGES FOR INJURIES CAUSED BY NEGLIGENT DRIVING IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus  C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. The plaintiff is a shoemaker, carrying on business at.................... The defendant is a merchant of.................... 2. On the.................... day of.................... 19....................., the plaintiff was walking southward along....................,. in the City of..................... at about 3 o’clock in the afternoon. He was obliged to cross.................... which is a street running into .................... at right angles. While he was crossing this street, and just before he could reach the foot pavement on the farther side thereof, a carriage of the defendant’s drawn by two horses under the charge and control of the defendant’s servants, was negligently, suddenly and without any warning turned at a rapid and dangerous pace out of.................... into.................... The pole of the carriage struck the plaintiff and knocked him down, and he was trampled by the horses. 3. By the blow and fall and trampling the plaintiff’s left arm was broken and he was bruised and injured on the side and back, as well as internally, and in consequence thereof the plaintiff was for four months ill and is suffering and unable to attend to his business, and incurred heavy medical and other expenses, and sustained great loss of business and profits, which are assessed to be of Rs. .................... as detailed in the Schedule annexed hereto. 4. The plaintiff demanded damages through registered notice but the defendant has denied his liability in his reply. 5. The cause of action arose on.................... 19.................... when the plaintiff got injuries at the hands of the defendant’s wrongful driving of the horse carriage, within the jurisdiction of this court. 6. The suit is valued at Rs..................... the amount of damages claimed. RELIEF CLAIMED: The plaintiff claims Rs.................... from the defendant by way of damages and costs of the suit. Plaintiff  Through Advocate  VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.20/-)

Report of transfer of ownership of a motor vehicle PART I-For the use of the transfer (To be made in duplicate if the vehicle is held under an agreement of hire-purchase/lease/hypothecation and the duplicate copy with the endorsement of the registering authority to be returned to the financier simultaneously on making the entry of transfer of ownership in the certificate of registration). To, The Registering Authority, Name of the Transferor .......................... Son/wife/daughter of ........................... Full address................................................. I, hereby, declare that I/we have on this ........................ day of the year ........................ sold my/our motor vehicle bearing registration mark ............ to Shri/Smt. ........................ Son/wife/daughter of ........................ residing at ........................ (full address) and handed over the certificate of registration and the certificate of insurance to him/her/them. I/we hereby declare that to the best of my/our knowledge the certificate of registration of the vehicle has been/has not been suspended* or cancelled. **I enclose the ‘No Objection Certificate’ issued by the Registering Authority. **If the ‘No Objection Certificate’ from the registering authority is not enclosed, the transferor should file alongwith this application a declaration as required under sub-section (1) of Section 50. Signature of the Transferor Date........................ *Details of suspension or cancellation. **Strike out, whichever is inapplicable. PART II-For the use of Transferee To The Registering Authority, Name of the Transferee : Son/wife/daughter of : Full address (Proof of address to be enclosed) I, hereby, declare that I/We have on this ........... day of the year ............ purchased the motor vehicle bearing registration number ........................ from ........................ (name and full address) and request that necessary entries regarding the transfer of ownership of the vehicle in my/our name may be recorded in the certificate of registration/certificate of fitness of the vehicle, which is enclosed. Signature of the transferee Specimen signature of the transferee (1) (2) Consent of the financier in the case of motor vehicle subject to an agreement of the hire-purchase/lease/hypothecation. I/We being a party to an agreement of hire-purchase/lease/hypothecation in respect of motor vehicle ........................ give consent to the transfer of ownership of the said vehicle to Shri/Smt./Kumari ........................ with whom I/we have entered into an agreement of hire-purchase/lease/hypothecation. Signature of the financier Date........................ Office endorsement No...........Dated ................ Office of the ........................ The transfer of ownership of vehicle has been recorded with effect from ........................ on the registration certificate of the vehicle ........................ and in the registration record of this office. To Registering Authority (Name and address of the financier) By registered post or delivered under proper acknowledgement. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)

Application for the grant of National Permit To, The Regional/State Transport Authority, I/We, the undersigned hereby apply for the grant of National Permit valid throughout the territory of India/in the State of ........................................(here write the name of the States desired) 1. Name of the applicant(s) in full. 2. Status of the applicant, whether individual, company or partnership firm, Co-operative Society, etc. 3. Name of father or husband (in case of individual) and in case of company or firm the particulars of managing partner or managing director as the case may be. 4. Full address : (to be supported by attested copy of ration card, electricity bill, etc. in case of individuals or any other valid documentary proof to the satisfaction of State Transport Authority/Regional Transport Authority and in case of company or firm the certified copy of the Memorandum of Association or copy of the deed of partnership as the case may be). 5. (a) Whether applicant himself intends to drive the vehicle. (b) (i) If so, whether applicant holds Heavy Goods Vehicle Driving Licence. (ii) The number, date and validity period of the driving licence. (iii) Name and address of the Licensing Authority. 6. Registration Certificate along with the date of first registration, Insurance Certificate. 7. Details of any other permits if held in respect of a particular vehicle. 8. Details of number of national permits held by the applicant. 9. Type of vehicle, whether two-axle truck, or articulated vehicle or mutli-axle vehicle or tractor trailer combination. 10. Make of motor vehicle. 11. Particulars of convictions/suspensions/cancellation, if any, during the past three years in respect of the vehicle/permits held by the applicant(s). 12. I/We forward herewith the certificate of registration of the vehicle or I/we will produce the certificate of registration of the vehicle before the permits are issued. 13. I/We hereby declare that the above statements are true and that I/We am/are the resident(s) of the State having principal place of business in this State at ........................ 14. I/We have paid the fee of rupees... Date :........................ Signature or thumb impression of the applicant. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.30/-)

APPLICATION BEFORE THE AUTHORITY OF MOTOR ACCIDENT CLAIMS TRIBUNAL Download Word Document In English. (Rs.50/-) Download PDF Document In Hindi. (Rs.35/-) Download PDF Document In Marathi. (Rs.35/-) IN THE COURT OF THE.................... Application No..................... of 19.................... A. B. C............................................................ Applicants versus  C. D. F......................................................... Respondents We the heirs and legal representatives of the late Shri.................... s/o Shri .................... and, resident of.................... who was injured in Motor Vehicle Accident, hereby apply for the grant of compensation for the death of Shri .................... as heirs and legal representatives of the deceased. Necessary particulars in respect of the injury, vehicle etc. are given below: 1. Name and father’s name of the person died. 2. Full Address of the person dead. 3. Age of the person injured/dead. 4. Occupation of the person dead. 5. Name and address of the employer of the deceased, if any. 6. Monthly income of the person dead. 7. Does the person in respect of whom compensation is claimed, pay income tax? if so, state the amount of income tax to be supported by documentary evidence. 8. Place, date and time of the accident. 9. Name and address of the police station in whose jurisdiction the accident took place or was registered. 10. Had the person in respect of whom compensation is claimed, travelled by the motor vehicle involved in the accident? If so, the name of place of starting the journey and destination. 11. Nature of injuries sustained. 12. Name and address of the Medical Officer/Practitioner, if any, who attended the deceased. 13. Period of treatment and expenditure if any, insured thereon (to be supported by documentary evidence). 14. Registration No. and the type of the motor vehicle involved in the accident. 15. Name and address of the insurer of the Motor Vehicle. 16. Name and address of the owner of Motor Vehicle. 17. Has any claim been lodged with the Owner/Insurer if so with what results? 18. Name and address of the applicant. 19. Relation with deceased. 20. Amount of compensation. 21. Title of property of the deceased. 22. Any other information that may be necessary or helpful in the disposal of the claim. 23. Reasons or grounds for the late submission of the claim application on which condonation of the delay is claimed. 24. Cause of accident with brief description. Petitioners CASE LAW The liability of the insurer arises only when a judgment is obtained against the insured. In other words, it is only then and then alone that the insurer is obliged to pay the claimants, the amount due by the insured under an award made against him by the Motor Accident Claims Tribunal.1 The liability of the insurer to pay a claim under a motor-cum-accident policy arises on the occurrence of the accident and not before, and, therefore, the law as was in force on the date of the accident would be the determining factor in awarding compensation to different claimants and the extent of the insurance company’s liability would be determined accordingly.2 The liability of the Insurance Company is for the liability of the owner vis a vis the vicarious liability incurred by the driver of the vehicle.3 It is settled law that an insurer can cover a higher risk than the statutory limit.4 Sub-section (2) of Section 95 prescribe the minimum requirement of the insurance policy but it is open to the insurer to cover risk to a larger extent, and if he does, the liability will be determined in terms of the risk covered.5 Where the policy covers wider risk than under Section 95(2), the Claims Tribunal is competent to make an award directing the insurer to pay such compensation to the claimant for which the insured is found liable.6 Insurance Company is liable to cover the risk of a hirer/agent or his employees travelling with the goods in a goods vehicle under the proviso to clause (b) of Section 95(1) as a passenger carried for hire or reward or by reason or in pursuance of a contract of employment.7 It will not cover the risk of the persons, who after taking lift from the driver on payment of some money or fare otherwise travel in the vehicle carrying with them, their some luggage or goods. A Motor Accident Claims Tribunal can hold an Insurance Company liable to pay an amount in excess of the statutory limit prescribed by Section 95(2)(b) of the Act if the policy covers that liability; that the question as to whether an Insurance Company is or is not so liable, should not be decided on the abstract doctrine of burdens of proof; that the Insurance Company should produce in such cases before the Tribunal on True copy of the policy of insurance; that in the event of failure of the Insurance Company to do so, the Tribunal should direct the Insurance Company to produce such copy and that failure to comply with the direction of the Tribunal in that behalf would justify drawing of an adverse inference against the Insurance Company.8 It is well settled that the proviso (ii) to Section 95(1 )(b) provides cover in respect of the risk of passengers even if they are carried in a vehicle which is not a public service vehicle if they are carried for hire or reward or by reason or in pursuance of a contract of employment.9 The liability could, however, be avoided by the Insurance Company on any or more of the grounds specified in Section 96(2) [ibid]. Once a policy is issued by the Insurance Company covering any person or classes of persons who are entitled to be indemnified against the death or bodily injury to any person or damage to any property of third party caused by or arising out of the use of the vehicle in a public place, the object of insurance is to get indemnification of any damage that may be caused to any third party arising out of the use of the vehicle in a public place in an accident causing death or bodily injury to that third party or damage to any property of the third party.10 The burden to prove that the liability of the insurer is limited to the extent provided under Section 95 lies on the insurer.11 If no evidence is led by either party and the insurance policy or a copy thereof is not produced, the Insurance Company would be liable for the entire amount, [ibid]. A policy issued by way of a ‘cover note’ will be as effective as a ‘certificate of insurance’.12 When the cheque is obtained form the insured as valid payment towards premium for the Cover Note issued, non-presentment of the cheque by the insurer for encashment cannot have the effect of absolving the insurer of the liability under the Cover Note pursuant to the receipt of such Cheque, [ibid]. A motor policy cannot be interpreted so as to restrict its operation as would defeat the very purpose for which it has been taken.13 It is well settled that in order to make the Insurance Company liable to pay a sum higher than its statutory liability in terms of Section 95(2) of the Act, a specific agreement to the aforementioned effect has to be arrived at by and between the owner and the Insurance Company and a separate premium has to be paid for enhancement of such liability undertaken to be paid by the Insurance Company in this behalf.14 In terms of Article 141 of the Constitution of India, by entering into a contract of insurance covering comprehensive third party risk, the insurer cannot be said to have agreed to indemnify the owner to an unlimited amount, [ibid], If risk of any other nature in excess of statutory liability, if any, is sought to be covered it has to be clearly specified in the policy and separate premium paid therefor.15 The liability of the insurer could not be in excess of the statutory limit under Section 95(2).l6 Clause (a) deals with ‘goods vehicle’ while clause (b) deals with ‘passenger vehicle’ or ‘motor cab’. The overall liability for each death is different under each of these clauses.17 The principles with regard to Section 95(2)(a) cannot be attracted to Section 95(2)(b) [ibid]. The claim has to be adjudicated according to provision which existed at the time of accident took place.18 If the owner himself suffers an injury in an accident, he does not acquire any right to get compensation from the Insurance Company under the policy issued to him.19 If the insurer is not liable, then the insured is also not liable. The liability of the insurer depends upon the liability of the insured. Under the law, negligence of the owner or driver is a sine qua non for such liability, [ibid]. Personal insurance is intended to secure to the assured or his representative the payment of a sum money in the event of his disablement or death by accident. It resembles life insurance and differs from other classes of insurance and it is not a contract of indemnity but a mere contract to pay a sum of money in a certain contingency, [ibid]. Where the vehicle is comprehensively insured, the limitation contained in Section 95(2) of the Act does not apply. In spite of it, outer limit of the liability of the Insurance Company will depend on the terms of the policy.20 In accident claim cases while interpreting the contract of insurance the Tribunals and the courts have to be conscious of the fact that right to claim compensation by heirs and legal representatives of the victims of the accident is not defeated on technical grounds.21 1. The Oriental Fire & General Insurance Co. Ltd. v. Bachan Singh, 1982 P. L. R. 280 (P. &. H.) F. B. 2. Tara Pada Roy v. Dwijendra Nath Sen & Ors., (1985) 2 A. C. C. 563 (Pat ) D. B.: See: A. I. R. 1982 S. C. 836. 3. United India Fire & General Insurance Co. Ltd. v. Gulab Chandra Gupta, (1985) 1 A. C. C. 52 (All. ) D. B. 4. United Fire & General Insurance Co. Ltd. v. Mrs. Kalsum Begum, (1986) 2 T. A. C. 397 (Gauhati). 5. United Fire & General Insurance Co. Ltd. v. Minaben Harish Chandra, A. i. R. 1979 Guj. 108. 6. Assam Corporation v. Binu Rai, A. I. R. 1975 Gauhati 3. 7. Harishankar Tiwari v. Jagru, 1987 (1) A. C. J. 1 (M. P. ) F. B. 8. United India Fire & Insurance Co. Ltd. v. Natvarlal & Ors., (1989) 1 A. C. C. 9 (M.P.) F. B. 9. The New India Assurance Co. Ltd. v. Siyaram Yadav & 2 Ors., (1989) 1 A. C. C. 82 (M.P.) Ref. to; National Insurance Co. Ltd. & anr. v. Nathibai Chaturbhuj & ors., 1982 A. C. J. 153 (Guj.) F. B. 10. A. T. V. S. Prasad v. United India Insurance Co. Ltd., (1989) 1 A. C. C. 151 (A. P. ). 11. New India Assurance Co. Ltd. v. Mahinder Kaur & ors., (1989) 1 A. C. C. 172 (Raj.). 12. Oriental Insurance Co. Ltd. v. K. Gowramma & ors., (1989) 1 A. C. C. 200(Karn.) D.B. 13. United India Assurance Co. Ltd. v. Thimmawwa & ors., (1989) 1 A. C. C. 208 (Karn.) D. B.: (1989) 1 A. C. J. 149 (Karnataka). 14. The Oriental Fire & General Insurance Co. Ltd. v. Barun Kumar Pandey & anr., (1989) B. L. J. R. 230 (Patna-Ranchi Bench). 15. (1988) 1 S. C. C. 626. 16. The Oriental Fire & General Insurance Co. Ltd. v. Mahila Lolma & Ors., (1989) 1 C. C. C. 6 (M. P. ) D. B. 17. P. Rajaiah & anr, v. M. Manikya Reddy & anr., (1989) 1 C. C. C. 612 (A. P. ): See A. I. R. 1981 S. C. 2059: A. I. R. 1987 S. C. 2158. 18. National Insurance Co. Ltd. v. Gotiya & ors., (1989) 1 C. C. C. 471 (Raj. ). 19. Mathew Koshy v. Oriental Insurance Co. Ltd., 1989 A. C. J. 21 (Ker. ) D. B. 20. New India Assurance Co. Ltd. v. Nanak Chand Ben & Ors., 1989 A. C. J. 169 (M. P.); See: 1987 A. C. J. 872 (S. C. ): 1982 A. C. J. (Supp. ) 106 (Mad. ) D. B. 21. Sohan Lal Passi v. P. Sesh Reddy, 1996 (5) Supreme 603.