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1 - 10 of 12 (0.26 seconds)The Employee's Compensation Act, 1923
Shivaji Dayanu Patil & Anr vs Smt. Vatschala Uttam More on 17 July, 1991
Decision of Rita Devi (supra), had been relied upon, the Court has found the causal connection as observed in Shivaji Dayanu Patil (supra).
Oriental Insurance Co. Ltd. vs Sheela Bai Jain And Anr. on 3 August, 2005
In Oriental Insurance Co. Ltd. v. Sheela Bai Jain and Anr. , a Division Bench of this Court has considered the question of murder arising out of and in the course of employment, truck loaded with goods turned turtle and cleaner of truck was guarding the truck and its goods when he was murdered by unknown persons, it was held by this Court that it was a case of 'death' in the course of employment.
Section 95 in The Motor Vehicles Act, 1988 [Entire Act]
Smt.Rita Devi & Ors vs New India Assurance Co.Ltd. & Anr on 27 April, 2000
12. Coming to the facts of instant case : it is clear that there was causal connection between the initial accident that took place between of Mini Truck and that of offending vehicle, there was also connection of the subsequent events with the accident and the clearly the motor vehicle driven by Subhash Nagle caused death of Mohd. Arif. Thus, it was a clearly a case of accidental murder. It was having causal connection with the motor accident, altercation also took place due to accident as the compensation was demanded that was also having causal connection, thereafter Mohd. Arif was run over by the offending truck. Thus, case squarely falls within the category of accidental murder as per principles laid down by the Apex Court in Rita Devi (supra). Thus, the claimants would be entitled for compensation, being a case of accidental murder involving use of motor vehicles.
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 427 in The Indian Penal Code, 1860 [Entire Act]
Section 165 in The Motor Vehicles Act, 1988 [Entire Act]
Kaushalya Bai And Ors. vs Ramkishan Kirar And Ors. on 16 February, 2001
9. A Division Bench of this Court in Kaushalya Bai and Ors. v. Ramkishan Kirar and Ors. , in the backdrop of the fact that death was caused when stolen goods were taken away in the tractor trolley, when effort was made by the deceased to stop the tractor trolley he was hit, it was a case of accidental murder arising out of use of motor vehicle.