Sec. 66 (3)-Kerala Motor Vehicle Rules - Rule 117- Vehicle owned by a Society registered under Travancore - Cochin Literary, Scientific and Charitable Societies Act, is liable to be exempted from taking permit. So there is a conflict between Sc.66(3) of M.V.Act and Rule 117 of the Kerala Motor Vehicle Rules. When there is a conflict between the provisions in the Act and the provisions in the Rules, the former shall prevail over the latter. [J. Jacob Vs. The Regional Transport Officer and another, 2002 (1) KLT 411 (K.K.Denesan (J)]
- Sec.147(1) - Driver engaged met with an accident while on duty - Not necessary that he should be permanently appointed -Words used in clause (a) is "engaged in driving the vehicle " and not engaged as permanent driver as contended by the Insurance Company - Insurance Company is liable to pay compensation . [National Insurance Company Limited Vs. Nimmy and others, 2002 (2) KLT SN.183.P.148. J.B. Koshy and K.K. Denesan (JJ)]
Rule 347- Wearing of Headgear - "ISI" Mark - New provision prescribes helmet of "Bureau of India Standards " specification - Single judge failed to take notice of amendment . Dismissal of the OP will not stand in the way of the Government in enforcing the standards prescribed by the Bureau of Indian Standards as envisaged under Sec. 129 of the Motor Vehicles Act, which is now in force. [The Kerala Auto Two wheelrs Association vs.S.S.Sajith and others. W.A.No. 1980/1999. Dated 25th January, 2000.Dr.AR.Lakshmanan & S.Sankarasubban (J&J)]
Sec. 166 (3) - Accident occurred prior to 14-11-1994 - Amendment in 1994 deleting limitation clause - Benefit cannot be taken in respect of application filed prior to the amendment - [Chappati Narayanan vs V.V.Koran. 2002 (2) KLT SN 13 Page No.14 = 2002 (1) KLJ 396.. K.S.Radhakrishnan & M.Ramachandran (JJ)]