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    <title>2007 (2) TMI 702 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=284230</link>
    <description>The Motor Vehicles Act, 1988 was treated as a complete code for compulsory motor insurance and third-party liability, and Section 167 was held not to extend insurer liability into proceedings under the Workmen&#039;s Compensation Act, 1923. The election doctrine could not enlarge the insurer&#039;s exposure beyond the compensation statute under which the claim was filed, and the indemnity and defence provisions of the 1988 Act could not be transplanted into a 1923 Act claim. On the facts, the deceased was also not proved to be a workman employed by the vehicle owner, as there was no reliable proof of employment. The claim against the insurer therefore failed.</description>
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    <pubDate>Tue, 20 Feb 2007 00:00:00 +0530</pubDate>
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      <title>2007 (2) TMI 702 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=284230</link>
      <description>The Motor Vehicles Act, 1988 was treated as a complete code for compulsory motor insurance and third-party liability, and Section 167 was held not to extend insurer liability into proceedings under the Workmen&#039;s Compensation Act, 1923. The election doctrine could not enlarge the insurer&#039;s exposure beyond the compensation statute under which the claim was filed, and the indemnity and defence provisions of the 1988 Act could not be transplanted into a 1923 Act claim. On the facts, the deceased was also not proved to be a workman employed by the vehicle owner, as there was no reliable proof of employment. The claim against the insurer therefore failed.</description>
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      <pubDate>Tue, 20 Feb 2007 00:00:00 +0530</pubDate>
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