Search Results Page
Search Results
1 - 9 of 9 (0.30 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Smt.Rita Devi & Ors vs New India Assurance Co.Ltd. & Anr on 27 April, 2000
10. But, here in this case, the factual aspects are just similar to the case
of Rita Devi (supra) and Suganda Devi (supra).
Section 397 in The Indian Penal Code, 1860 [Entire Act]
Section 163 in The Motor Vehicles Act, 1988 [Entire Act]
Section 406 in The Indian Penal Code, 1860 [Entire Act]
National Insurance Co. Ltd vs Kaushal Prasad Sahu And Ors. 127 ... on 11 January, 2018
It is categorically stated that
the jeep has also been looted from the driver/deceased. In this respect, Uma
Devi (AW-1) and Kailash Sharma (AW-2) have supported the version as
stated in claim petition and they remained intact in the cross-examination. It
is also established from the evidence of these witnesses that the deceased as
a driver was in receipt of salary of Rs.3000/- from the owner of the offending
vehicle. She relied upon the judgment of Hon'ble Apex Court in the case of
Rita Devi and others Vs. New India Assurance Co.Ltd and another, 2000
ACJ, 801 and in a case of Jharkhand High Court in Sugandha Devi and
Signature Not Verified
Signed by: SUBASRI MANI
Signing time: 8/1/2025
10:29:03 AM
NEUTRAL CITATION NO. 2025:MPHC-GWL:15769
3 MA-1276-2008
Others Vs. Munshi Saw and another, 2022 ACJ 1988 , National Insurance
Co. Ltd Vs. Rakesh Kumar Sharma and others, 2024 ACJ, 1250 , and Smt.
Rajni Gupta and others Vs. Dhirendra Singh and Others decided on
27.01.2025 passed in M.A.No.57/2022.The learned tribunal has erroneously
dismissed the application under Section 163 of MACT Act, finding that the
incident did not arise out of the use of motor vehicle. She prays for allowing
the application.
National Insurance Co. Ltd vs Rakesh Sharda on 21 October, 2021
9. Though, in case of National Insurance Co.Ltd Vs. Rakesh Sharma
and Others, the High Court of Jammu and Kashmir, while referring Rita
Devi (supra) has observed that the truck driver while on a trip was found
dead in the cabin of truck, then the cause of death is not forthcoming and
only presumption that can be drawn is that driver was murdered. No evidence
is on record that the death of the driver was an accidental murder arising out
of and in the course of employment and not an intended murder. Hence
award was set aside.
National Insurance Company Ltd vs Tanuja Sandhu And Ors on 21 May, 2018
(12) The Division Bench of this Court in the case of National Insurance Company Ltd. vs.
Tanuja decided on 23-05-2005 in MA No.725 of 2000 has held that except insurer and the
insurance company all persons are third party. The pillion rider who is injured is also a
third party to the insurance policy and, therefore, his risk is covered. The Insurance
Company is liable to pay the amount of compensation for the injuries sustained by the
claimant. (13) On going through the record of Claims Tribunal, it was found that the
Ex.D2 according to which, the insurance was package policy and in the light of judgment
of Apex Court as well as this Court in the above-cited cases, the Insurance Company is
liable to make payment of total compensation amount. Therefore, the finding arrived at by
the Claims Tribunal holding that the Insurance Company is liable only for compensation
to the extent of Rs.1 lac and remaining amount to the claimants as jointly and severally
entitled to get from Vivek Gupta and Dhirendra Singh Tomar (owner) is hereby set aside.
The sole Insurance Company is liable to make payment of total compensation amount."
1