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1 - 9 of 9 (0.20 seconds)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, the issue of wrongful act or omission on the part of driver of the
motor vehicle involved in the accident has been left to a secondary
importance and it was held that, mere use or involvement of motor vehicle
in causing bodily injuries or death to a human being or damage to property
would made the petition maintainable under section 166 and 140 of the Act.
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
National Insurance Company Ltd. vs Smt. Pushpa Rana And Ors. on 20 December, 2007
To determine the negligence, I am being guided by 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
held that in case the petitioner files the certified copy of the criminal record
Kiran Bansal
P.OMACT (NorthEast)
DAR No.219/09 Page 3/9
or 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 or in addition the recovery memo and the
mechanical inspection report of the offending vehicle, these documents are
sufficient proof to reach to 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.
Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 304A in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Kamlesh Mittal & Ors vs Oriental Insurance Co Ltd & Ors on 3 September, 2014
Therefore, deceased had only one dependent.
Hon'ble High Court of Delhi in the case of Kamlesh Mittal & Ors.
Vs. Oriental Insurance Co. Ltd. & Ors. in MAC. APP.283/2010 decided
on 03.09.2014, held that:-
Smt. Shakuntala & Ors vs Sh. Naresh Kumar & Ors. on 16 May, 2011
Similarly, in Smt. Shakuntala Vs. Naresh Kumar in MAC. APP.
288/2011 decided on 16.05.2011 by Hon'ble High Court of Delhi it is held
that:
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