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Documents citing Jai Prakash Gupta vs National Insurance Co.Ltd. Through ... on 21 June, 2016

Cholamandalam Ms General Insurance ... vs The Inspector Of Police on 12 September, 2017

27 With these words, this Court commends the application of DAR regime as proposed for the entire State in its online version as constituting full compliance with the mandate of the decision of the Supreme Court dated 13/5/2016 in Jai Prakash vs National Insurance Co. Ltd. and as per the directions of this Court commencing from 16/8/2016 and culminating in this order. This Court commends the efforts of all those involved in implementation of the DAR regime and taking strenuous efforts to make a success of the regime for the lasting benefit of the innocent motor accidents victims to deliver on the promise of social justice as a Constitutional principle.
Madras High Court Cites 11 - Cited by 4 - P N Prakash - Full Document

Rajesh Tyagi & Ors. vs Jaibir Singh & Ors. on 8 January, 2021

24. On 25th September, 2020, the Expert Committee submitted its Report dated 21st September, 2020 along with the revised DAR. On 25th September, 2020, Mr. Rajesh Deo, DCP-Legal Cell (PHQ) of Delhi Police pointed out that the Supreme Court has constituted a Committee for implementation of the Special Scheme formulated by Delhi High Court all over the country in terms of the directions contained in Jai Prakash (supra) and M. R. Krishna Murthi (supra). The DGPs of the police of various States submitted before the Supreme Court Committee that the format of DAR be simplified; the DAR be divided into 2-3 parts; and the essential information/documents be furnished at an early stage and the time period for furnishing the remaining information be extended. Delhi Police sought extension of time to file the DAR from 30 days to 90 days on the ground that the Motor Vehicles Act, 1988 has been recently amended on 09th August, 2019 by the Motor Vehicles (Amendment) Act, 2019 by which Section 159 has been incorporated. Section 159 requires the police to file Accident Information Report within three months. This Court directed the Delhi Police to submit their suggestions for the division of DAR into 2-3 parts to the Committee.
Delhi High Court Cites 64 - Cited by 1363 - J R Midha - Full Document

Jitendra Kumar Pandey vs Ravi Kumar Vishwakarma on 20 September, 2019

8. The Registrar General of this Court is directed to circulate the copy of the judgment of Jai Prakash vs. National Insurance Company Limited; (2010) 2 SCC 607 to all the Claim Tribunals/Chairman-cum-Secretary of the District Legal Services Authorities/Superintendent of Police of all the districts with a direction to circulate the same to the Officer-in-charge/Station house Officer of each police station in the State of Jharkhand for compliance of the same.
Jharkhand High Court Cites 8 - Cited by 0 - K P Deo - Full Document

Ramanibala Das & Anr vs Ajit Das & Ors on 26 September, 2023

18. The object of Section 158(6) read with Section 166(4) of the Act is essentially to reduce the period of pendency of claim case and quicken the process of determination of compensation amount by making it mandatory for registration of motor accident claim within one month from the date of receipt of FIR of the accident without the claimants having to file a claim petition. (See Jai Prakash v. National Insurance Co. Ltd.)
Calcutta High Court (Appellete Side) Cites 26 - Cited by 0 - Full Document

Divisional Manager vs Nunibala Devi @ Munibala Devi on 2 March, 2021

The issue has not been framed nor any evidence has been brought on record by the Insurance Company rather, it appears that in a benevolent legislation a claimant can prefer an appeal. The accident took place in the year, 2009, the poor claimants being the widow and minor children, who are residents of Peterwar preferred claim application before the Bermo at Tenughat, but the claim application has never been dismissed on merits, rather the same was dismissed for default without adjudication of the issue. The restoration application was also dismissed without adjudication of the issue, as such, in a benevolent legislation the claimant(s) subsequently filed the claim case before the Principal Bench at Bokaro vide T.(M.V.) Suit No.22 of 2015. Such type of difficulties have been noticed in several cases and Supreme Court in the case of Jai Prakash Vs. National Insurance Co. Ltd., reported in 2002 SC 607 decided this issue by giving certain directions to the police authority and to the claims Tribunal.
Jharkhand High Court Cites 12 - Cited by 0 - K P Deo - Full Document

Branch Manager vs Piyush Kedia @ Piyush Ramesh Kedia on 26 July, 2021

33. Under the aforesaid circumstances, it appears that report has not been submitted by the Police Officers. This deficiency has been considered by the Apex Court in the case of Jai Prakash Vs. National Insurance Co. Ltd., reported in 2002 SC 607, in which Section 158(6) of Motor Vehicles Act has been given effect to.Section 158(6) of Motor Vehicles Act may profitably be quoted herein :-
Jharkhand High Court Cites 12 - Cited by 0 - K P Deo - Full Document

Smt. Sanju Chaudhary (Wife Of The ... vs Jitender Kumar (Driver) on 12 April, 2022

Neither the status of the Criminal Case instituted before the concerned court at Ghaziabad, Uttar Pradesh has been placed on record nor the status of the proceedings in compliance of provisions of Section 158(6) of Motor Vehicles Act (before the competent Court/ Tribunal) has been placed before this Tribunal [Reference is made to the judgment in the case of Jai Prakash Vs. National Insurance Co. Ltd. reported in 2010 (2) SCC 607 Para 12]. An adverse inference is liable to be drawn against the claimants in this regard.
Delhi District Court Cites 24 - Cited by 0 - Full Document

Sh. Ramesh Chand Arora (Injured) vs 'R' (Ccl) (Driver) on 1 April, 2022

In this regard, the observations of the Hon'ble Apex Court in the case Jai Prakash Vs. National Insurance Co. Ltd. reported in 2010 (2) SCC 607 become relevant wherein the Hon'ble Apex Court had specifically directed that it is duty of the Tribunal to enquire and satisfy itself relating to the real accident and that the accident is not a result of any collusion or fabrication of an accident and for the said purpose each Tribunal is required to follow such summary procedures as it deems fit as provided under Section 169 of Motor Vehicles Act.
Delhi District Court Cites 17 - Cited by 0 - Full Document
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