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1 - 7 of 7 (0.07 seconds)Bimla Devi & Ors vs Himachal Road Transport Corpn. & Ors on 15 April, 2009
16. Besides, it is well settled that in motor vehicle
accident compensation cases the strict proof of negligence is
not required. This view of this court receives support from the
law declared by the Hon'ble Apex Court in the decision
reported in 2009 (13)SCCpage530 in the case of Bimla
Devi and others Vs Himachalapradesh Road Transport
Corporation and another and another decision reported in
AIR 2011SC1504 in the case of Paraeshwari Vs Amir
Chand and others. Thus, even this ratio laid down by the
Hon'ble Apex Court is also sufficient to conclude that this
court is not supported to look for strict proof of negligence on
the part of the driver of tractor & trailer bearing Reg.No.KA
08T4512 & KA08T4513.
Hemraj vs Oriental Insurance Company Limited on 8 August, 2016
22. Besides, so far as adding of future prospects to the
income of deceased is concerned, however, I have relied upon
the ruling reported in 2018 ACJ 5(SC) (Hemraj Vs Oriental
Insurance Co., Ltd., & Ors) wherein it is held as under:
The Motor Vehicles Act, 1988
Section 304A in The Indian Penal Code, 1860 [Entire Act]
Section 337 in The Indian Penal Code, 1860 [Entire Act]
Smt Narasamma vs M/S Magma Hdi Gen Ins Co Ltd., on 28 February, 2020
6. I have heard both sides. The learned counsel for
the petitioner has relied on the citations reported in 2021
SCCH14 6 MVC.7685/2019
ACJ 734 (Narasamma and others Vs. Magma HDI General
Insurance Company Ltd., and another)
Perused the materials available on record and citations
relied by the counsel for the petitioner.
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