Search Results Page
Search Results
1 - 10 of 13 (0.33 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 304A in The Indian Penal Code, 1860 [Entire Act]
Union Of India And Another vs Tulsiram Patel And Others on 11 July, 1985
30. The Hon'ble High Court of Delhi in its judgment in Union of India and Another
Vs. Nanisari and Others MACA 682/2005 decided on 13.1.2010 have given certain
guidelines and directions to the Motor Accident Tribunals to the effect that henceforth the
Tribunals shall direct the insurance companies to deposit the award amount in the bank
within 30 days with further direction as to the disbursement of the same in terms of the
award and case be kept pending till the compliance is placed on record. The directions
given by Hon'ble High Court of Delhi as mentioned and endorsed in the said order has
already been re affirmed by Hon;ble Supreme Court of India in order dated 17.12.2009 in
SLP (C) No. 11801-11804/2005 which contains certain schemes initiated for the benefit of
the victims of the road accidents after the award amount is passed. The para no.18 of
the judgment of the Hon'ble High court of Delhi runs as under:-
Section 168 in The Motor Vehicles Act, 1988 [Entire Act]
National Insurance Company Ltd. vs Smt. Pushpa Rana And Ors. on 20 December, 2007
13. 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 in 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
Suit No. 309/14 Page No. 4/12
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.
The Indian Penal Code, 1860
Smt. Kaushnuma Begum And Ors vs The New India Assurance Co. Ltd. And Ors on 3 January, 2001
Further, in Kaushnumma
Begum and others v/s New India Assurance Company Limited, 2001 ACJ 421 SC , it
was held that the issue of wrongful act or omission on the part of driver of the motor
vehicle involved in the accident is of secondary importance and mere use or involvement
of motor vehicle in causing bodily injuries or death to a human being or damage to
property would make the petition maintainable under section 166 and 140 of the Act.
National Insurance Company Ltd vs Indira Srivastava & Ors on 12 December, 2007
In National Insurance Company Ltd. Vs Indira Srivastava and Ors., AIR 2008 SC
845, it was held by Hon'ble Supreme Court of India, vide para nos 8, 9, 17, 18 & 19:-