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

Accordingly, the Manager, SBI, District Courts Complex, Dwarka, Sector­10, New Delhi is directed to transfer the above­said cash amounts to the respective saving bank accounts of the above­said petitioners after due verification and as per rules and to keep the remaining amount in the form of above­mentioned FDRs in terms of Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme formulated vide orders dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High Court of Delhi in FAO No. 842/2013 (Rajesh Tyagi & Ors. Vs. Jaibir Singh & Ors.).

National Insurance Company Ltd. vs Smt. Pushpa Rana And Ors. on 20 December, 2007

Even otherwise, while determining the negligence, reliance can be placed upon the judgment of Hon'ble High Court of Delhi in 2009 ACJ 287, National Insurance Company Limited Vs. Pushpa Rana wherein the Hon'ble High Court has held that in case the petitioner files the certified copy of the criminal record showing the completion of the investigation by the police or the issuance of charge sheet under section 279/304 A IPC or the certified copy of the FIR in addition to recovery memo and mechanical inspection report of the offending vehicle, these documents are sufficient proof to reach at the conclusion that the driver was negligent. It was further held that the proceedings under the Motor Vehicles Act are not akin to the proceedings in a civil suit and hence strict rules of evidence are not required to be followed in this regard.
Delhi High Court Cites 8 - Cited by 4796 - K Gambhir - Full Document

Erudhaya Priya vs State Express Transport Corporation ... on 27 July, 2020

In the instant case, there is nothing on record, which could justify the withholding of interest on the award amount. In these circumstances and having regard to the fact and circumstances of the present case, it will be just and proper to award interest @ 9% per annum on the award amount in this case. in view of the law laid down in Erudhaya Priya vs State Express Transport Corporation Ltd.5 Hence, the petitioners are awarded interest @ 9% per annum on the abovesaid compensation / award amount i.e ₹ 22,06,000/­ (Rs. Twenty Two Lakhs and Six Thousand only) from the date of filing of petition i.e. 12.07.2017 till realization.
Supreme Court of India Cites 4 - Cited by 355 - S K Kaul - Full Document
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