Search Results Page
Search Results
1 - 10 of 16 (0.35 seconds)Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 304A in The Indian Penal Code, 1860 [Entire Act]
Section 147 in The Motor Vehicles Act, 1988 [Entire Act]
Section 146 in The Motor Vehicles Act, 1988 [Entire Act]
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
10. Under issue No.1, the MACT held that the accident, as a result
3 of 9
::: Downloaded on - 11-11-2025 06:15:05 :::
FAO-3427-2021 & FAO-3108-2022 -4-
of which Sohan Ram had expired, had taken place on account of the rash and
negligent driving of the offending vehicle by respondent No.1. Under issue
No.2, the age of Sohan Ram was assessed between 48 to 50 years. In so far
as the income is concerned, the same was assessed Rs.8827/- per month, the
same being the minimum wages for an unskilled worker. While applying
the other formulas in terms of the judgments of the Hon'ble Supreme Court
of India in case of Smt. Sarla Verma and others Vs. Delhi Transport
Corporation and another, 2009 SCC Online SC 797, National Insurance
Company Limited Vs. Pranay Sethi and others, 2017 (4) RCR (Civil) 1009
and Magma General Insurance Co. Ltd. Vs. Nanu Ram @ Churu Ram
and others, 2018 (4) RCR (Civil) 333, a total sum of Rs.15,60,952/- was
awarded as compensation. As far as the liability is concerned, it was held
that since the trailer was not insured and only the tractor was insured, the
insurance company would not be liable to satisfy the claim and only the
driver and owner of the offending vehicle would be jointly and severally
liable to pay the compensation. It is against the said decision that the driver
and owner of the offending vehicle preferred their appeal whereas, the
claimants seek enhancement in compensation.
Magma General Insurance Co. Ltd vs Nanu Ram Alias Chuhru Ram on 18 September, 2018
13. Learned counsel representing the appellants in FAO-3427-2021
has submitted that the compensation awarded is inadequate and that the
same should have been awarded in terms of the principles laid down by the
Hon'ble Supreme Court of India in the case of Smt. Sarla Verma, Pranay
Sethi and Magma General Insurance Co. Ltd. (supra).
Lakhmi Chand vs Reliance General Insurance on 7 January, 2016
In support of her contentions, learned
counsel has placed reliance upon the judgments of the Hon'ble Supreme
Court of India in the case of Lakhmi Chand Vs. Reliance General
Insurance, 2016(1) RCR (Civil) 794 and Fahim Ahmad and others Vs.
United India Insurance Co. Ltd. and others, (2014) 14 SCC 148.
Ningamma & Anr vs United India Insurance Co.Ltd on 13 May, 2009
12. Thus, the liability of the tractor/its insurer extended to the accident
caused by the tractor resulting in the death of the deceased, through the
trailer. This being the position in the present case, the principles
emanating from the decisions where the Courts have held that the trailer
has to be separately registered with the insurance company to make it
liable, would not be applicable. To that extent, the facts in the present
case are clearly distinguishable from the ones cited by learned counsel
for the appellant. The legislation i.e., the MV Act, being beneficial and
welfare-oriented in nature [Ningamma v United India Insurance Co.
K. Ramya vs National Insurance Company Ltd. on 30 September, 2022
Ltd., (2009) 13 SCC 710; K Ramya v National Insurance Co. Ltd., 2022
SCC OnLine SC 1338, and; Shivaleela v Divisional Manager, United
India Insurance Co. Ltd., 2025 SCC OnLine SC 563] and ultimately the
root cause of the accident being the tractor, which was insured, this
crucial fact cannot be lost sight of. For further clarification, we might
illustrate: if an insured vehicle hits another vehicle which in turn hits a
third vehicle, then for the entire chain of accidents, the liability would
pass on to the vehicle which was the root cause of the accident because it
is the result of the action in the same chain of events which cannot be
segregated or compartmentalized. Moreover, this Court is duty-bound to
be mindful of the ground realities of our nation and cannot let
practicality be overshadowed by technicality.