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Documents citing Sri Srikrishna Kanta Singh vs Sri Parameswar Achutanan Nair & Ors on 4 May, 2018

Ram Dulari vs Smt. Saroj Devi And Another on 19 October, 2023

After an elaborate reference to a Bench decision of the Calcutta High Court in Sri. Srikrishna Kant Singh v. Sri. Parameswar Achutanan Nair and others, 2019 (4) TAC 920 : 2018 SCC OnLine Cal 5308, it was held that the duties of the Tribunal while determining a compensation claim in a motor accident are essentially inquisitorial; not adversarial. The provisions of Rule 215 of the U.P. Motor Vehicles Rules, 1998 (for short, 'the Rules of 1998') must also be noticed. Rule 215 of the Rules of 1998 reads:
Allahabad High Court Cites 13 - Cited by 0 - Full Document

Smt. Ruma Raha Roy & Ors vs United India Insurance Company Ltd. & ... on 3 October, 2018

19. A coordinate Bench of this Court in its decision dated May 4, 2018 in FMA 857 of 2012 (Sri Krishna Kanta Singh v. Sri Parameswar Achutanan Nair & Ors.) has held the proceedings before the claims tribunal under Section 166 read with Section 168 of the 1988 Act to be inquisitorial in nature. Strict principles of the Evidence Act, 1872 do not apply in such proceedings. Merely because the certificate dated April 26, 2005 was not marked as an exhibit would not afford reasonable ground to discard its contents. The contention of Mr. Singh, therefore, stands overruled.
Calcutta High Court (Appellete Side) Cites 20 - Cited by 1 - A Arora - Full Document

Urmila Bhowmik & Ors vs Gouri Sankar Dey & Ors on 4 February, 2020

In the recent ruling cited in 2005 (3) T.A.C. 533 (M.P.) the Hon'ble High Court, Madhya Pradesh observed that a return of income which has been filed on behalf of the deceased after his death and such return showing conveniently higher income after the death resulting in any assessment cannot be a relevant piece of evidence and cannot be entertained. In this view of the matter, we feel that the application deserves to be rejected and the same is accordingly rejected. Thus lacking reliance upon the principles of the decision referred above, I am of the opinion that the documents relating to income tax which are produced on behalf of the petitioners' in the instant case cannot be taken into consideration at the time of final assessment of the compensation, to be awarded in favour of the petitioners."
Calcutta High Court (Appellete Side) Cites 4 - Cited by 0 - P P Banerjee - Full Document

Cholamandalam M/S. General Insurance ... vs Smt. Payel Manna & Ors on 19 February, 2024

19. A coordinate Bench of this Court in its decision Sri Krishna Kanta Singh v. Sri Parameswar Achutanan Nair, 2019 ACJ 2055 (Calcutta), has held the proceedings before the claims tribunal under Section 166 read with Section 168 of the 1988 Act to be inquisitorial in nature. Strict principles of the Evidence Act, 1872 do not apply in such proceedings. Merely because the certificate dated 26.04. 2005 was not marked as an exhibit would not afford reasonable ground to discard its contents. The contention of Mr. Singh, therefore, stands overruled.
Calcutta High Court (Appellete Side) Cites 9 - Cited by 0 - Full Document

Cholamandalam M/S. General Insurance ... vs Smt. Payel Manna & Ors on 19 February, 2024

19. A coordinate Bench of this Court in its decision Sri Krishna Kanta Singh v. Sri Parameswar Achutanan Nair, 2019 ACJ 2055 (Calcutta), has held the proceedings before the claims tribunal under Section 166 read with Section 168 of the 1988 Act to be inquisitorial in nature. Strict principles of the Evidence Act, 1872 do not apply in such proceedings. Merely because the certificate dated 26.04. 2005 was not marked as an exhibit would not afford reasonable ground to discard its contents. The contention of Mr. Singh, therefore, stands overruled.
Calcutta High Court (Appellete Side) Cites 9 - Cited by 0 - Full Document
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