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1 - 10 of 15 (0.98 seconds)The Motor Vehicles Act, 1988
Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 337 in The Indian Penal Code, 1860 [Entire Act]
Section 304A in The Indian Penal Code, 1860 [Entire Act]
The Minimum Wages Act, 1948
Bimla Devi & Ors vs Himachal Road Transport Corpn. & Ors on 15 April, 2009
10. Having considered the submission of Ld Counsel for the petitioners
as well as Ld Counsel for the Insurance Company. It is worth mention
here some judgments of Hon'ble Superior Court. Hon'ble Supreme Court
in Bimla Devi and Ors Vs Himachal Road Transport Corporation and Ors
(2009) 13 SCC 530 has held that the " Claim Tribunal has to decide the
negligence on the touchstone of preponderance of probability and holistic
view is to be taken while dealing with the Claim petition".
National Insurance Company Ltd. vs Smt. Pushpa Rana And Ors. on 20 December, 2007
In National Insurance Company Ltd Vs Pushpa Rana & Ors 2008
(101) DRJ 645 the Hon'ble High Court of Delhi has held that "The last
contention of the appellant insurance company is that the respondents
claimants should have proved negligence on the part of the driver and in
MACT no.221/2017 Vimala Devi & Ors & Ors. Vs. Raj Kumar & Ors. Page 9 of 16
this regard Ld Counsel has placed reliance on the judgment of Hon'ble
Supreme Court in Oriental Insurance Co Ltd Vs Meena Variyal; 2007(5)
SCALE 269. ( LQ/SC/2007/437). On perusal of award of the Tribunal, it
becomes clear that the wife of the deceased had produced (I) certified copy
of the criminal record of criminal case in FIR No.955/2004, pertaining to
involvement of the offending vehicle. (ii) criminal record showing
completion of investigation of police and issue of charge sheet under
Section 279/304A IPC against the driver, (iii) certified copy of FIR,
wherein criminal case against the driver was lodged; and (iv) recovery
memo and mechanical inspection report of offending vehicle and vehicle of
the deceased. These documents are sufficient proofs to reach at the
conclusion that driver was negligent. Proceedings under Motor Vehicle Act
are not akin to proceedings in a Civil suit and hence strict rules of evidence
are not required to be followed in this regard. Hence, this contention of the
counsel for the appellant also falls face down. There is ample evidence on
record to prove negligence on the part of the driver."
The Oriental Insurance Company Limited vs Meena Variyal & Ors on 2 April, 2007
In National Insurance Company Ltd Vs Pushpa Rana & Ors 2008
(101) DRJ 645 the Hon'ble High Court of Delhi has held that "The last
contention of the appellant insurance company is that the respondents
claimants should have proved negligence on the part of the driver and in
MACT no.221/2017 Vimala Devi & Ors & Ors. Vs. Raj Kumar & Ors. Page 9 of 16
this regard Ld Counsel has placed reliance on the judgment of Hon'ble
Supreme Court in Oriental Insurance Co Ltd Vs Meena Variyal; 2007(5)
SCALE 269. ( LQ/SC/2007/437). On perusal of award of the Tribunal, it
becomes clear that the wife of the deceased had produced (I) certified copy
of the criminal record of criminal case in FIR No.955/2004, pertaining to
involvement of the offending vehicle. (ii) criminal record showing
completion of investigation of police and issue of charge sheet under
Section 279/304A IPC against the driver, (iii) certified copy of FIR,
wherein criminal case against the driver was lodged; and (iv) recovery
memo and mechanical inspection report of offending vehicle and vehicle of
the deceased. These documents are sufficient proofs to reach at the
conclusion that driver was negligent. Proceedings under Motor Vehicle Act
are not akin to proceedings in a Civil suit and hence strict rules of evidence
are not required to be followed in this regard. Hence, this contention of the
counsel for the appellant also falls face down. There is ample evidence on
record to prove negligence on the part of the driver."
National Insurance Company Ltd vs Pranay Sethi And Others on 22 June, 2022
16. The petitioners have placed on record a certificate being issued by District
Siksha and Prakshir Sanstha, Jhunjun, Rajasthan showing date of birth of
deceased ( Pawan Kumar Gurjur) as 02.07.1991. As such the age of the
deceased was 25 years and five months at the time of accident. And as per
the judgment in the case of National Insurance Company Limited Vs.
Pranay Sethi and others of Hon'ble Supreme Court the net income of the
deceased is to be counted after deduction of tax and future addition @ 40%
in the monthly salary of victim.