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Royal Sundaram General Insurance ... vs Shivani & Ors. on 27 August, 2024 cites

Sukhdev Singh vs Delhi State (Govt. Of Nct Of Delhi) on 1 September, 2003

24. It is the case of the appellant that the learned Tribunal grossly erred by adjudicating the claim petition and the same is not maintainable under Signature Not Verified Digitally Signed MAC.APP. 320/2021 & 321/2021 Page 8 of 24 By:DAMINI YADAV Signing Date:30.08.2024 19:48:50 Section 166 of the MV Act as it is a clear case of murder simpliciter rather than an accidental murder since there is lack of proof of rashness and negligence on the part of the driver of the offending car. Further, the driver deliberately and intentionally hit the motorcycle in order to kill the riders which is further corroborated by the material placed on record such as the FIR and the chargesheet. While placing reliance on the judgments of the Hon‟ble Supreme Court passed in Sukhdev Singh vs. Delhi State (Government of NCT of Delhi), (2003) 7 SCC 433, and Rita Devi & Ors. Vs. New India Assurance Co. Ltd., (2000) 5 SCC 113, it has been contended that as per the settled position of law, when the dominant intention of the act of felony is to kill any particular person, then such killing is not an accidental murder but a murder simpliciter.
Supreme Court of India Cites 10 - Cited by 64 - A Pasayat - Full Document

Smt.Rita Devi & Ors vs New India Assurance Co.Ltd. & Anr on 27 April, 2000

49. Therefore, as per the principles laid down in Rita Devi (Supra), the death of Ct. Manoj Kumar prima facie falls under the ambit of „accidental murder‟. In view of the same, the respondents/claimants are entitled to the compensation awarded by the learned Tribunal and the liability to pay the same has been rightly attributed to the insurance company which has been rightly considered by the learned Tribunal as the unfortunate death was not Signature Not Verified Digitally Signed MAC.APP. 320/2021 & 321/2021 Page 20 of 24 By:DAMINI YADAV Signing Date:30.08.2024 19:48:50 originally intended in the case before this Court.
Supreme Court of India Cites 8 - Cited by 419 - Full Document

Kamlesh Kumar Das vs State Of Chhattisgarh And Ors. 7 ... on 22 January, 2018

1. The captioned appeals have been filed on behalf of the appellant insurance company under Section 173 of the Motor Vehicles Act, 1988 („MV Act‟ hereinafter) against the common impugned judgment and award dated 31st August, 2021, passed by the learned Presiding Officer, Motor Vehicle Accident Claims Tribunal, East District, Karkardooma Courts, New Delhi, in cases bearing nos. 320/2021, titled as "Shivani vs. Ravi @ Rohit", and 321/2021, titled as "Kamlesh & Ors. Vs. Ravi @ Rohit & Ors." seeking setting aside of the same.
Chattisgarh High Court Cites 0 - Cited by 22 - Full Document
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