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1 - 9 of 9 (0.39 seconds)The Employee's Compensation Act, 1923
Section 304 in The Indian Penal Code, 1860 [Entire Act]
The Competition Act, 2002
Section 167 in The Motor Vehicles Act, 1988 [Entire Act]
Smt.Rita Devi & Ors vs New India Assurance Co.Ltd. & Anr on 27 April, 2000
9. It is nobody's case that lynching of the deceased was on account of
private animosity and evidence conclusively establish that the occurrence
took place in the heat of moment, when the ambulance being driven by the
deceased met with accident. From these facts it can be safely inferred that
intention to kill was not the dominant motive of the mob. Principle of law as
laid down in Rita Devi case (supra) shall squarely apply in the present case
wherein it has been observed : -
The New India Assurance Co. Ltd vs Mrs. Sushila Harendra Bahadur Singh And ... on 24 June, 2016
4. In this case, it is argued that the F.I.R was lodged under Section 304
of the Indian Penal Code and charge-sheet was also submitted under Section
304 of the Indian Penal Code which has been brought into evidence and
marked as Exhibit 2. In this view of the matter, the accidental death comes
under cloud and, therefore, the award of compensation is not sustainable.
Further, penal interest of 9% per annum has been ordered against the ratio in
the case of New India Assurance Company Ltd. Vs. Keshav Bahadur reported
in AIR 2004 SC 1581.
Dhela Rani & Anr. vs Sri Deepak Prasad & Ors. on 18 December, 2008
It is
argued that on similar fact situation in Smt. Dhela Rani & Another Vs. Sri
Deepak Prasad and others, AIR 2009 (NOC) 1110 (JHAR), where murder
took place due to quarrel between the drivers of two auto-rickshaw, the claim
application under the MV Act was dismissed by the Division Bench of this
Court.
M/S. Star Press vs Meena Devi on 20 July, 2017
In reply, it is argued by learned counsel on behalf of Insurance
Company that ratio laid down in Star Press (supra) case is misplaced as it
will not apply for the reason that this was a case under Workmen
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Compensation Act, whereas the present case is under Motor Vehicle Act.
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