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1 - 10 of 12 (0.23 seconds)The Motor Vehicles Act, 1988
National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017
16. FUNERAL EXPENSES
Further, in terms of the law /guidelines laid down
in the case National Insurance Company Ltd., vs. Pranay
Sethi3, a sum of ₹ 16,500/ is awarded to the petitioner towards '
funeral expenses'.
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Rajesh Tyagi & Ors. vs Jaibir Singh & Ors. on 8 January, 2021
(MACT No.696/17) Vikash Vs. Vikram Singh & Ors. 24
Accordingly, the Manager, SBI, District Courts
Complex, Dwarka, Sector10, New Delhi is directed to transfer
the abovesaid cash amounts to the abovesaid saving bank
account of the abovesaid petitioner after due verification and as
per rules and to keep the remaining amount in the form of above
mentioned FDRs in terms of Motor Accident Claims Tribunal
Annuity Deposit (MACAD) Scheme formulated vide orders
dated 01.5.2018 and 07.12.2018 passed by the Hon'ble High
Court of Delhi in FAO No. 842/2013 (Rajesh Tyagi & Ors. Vs.
Jaibir Singh & Ors.).
National Insurance Company Ltd. vs Smt. Pushpa Rana And Ors. on 20 December, 2007
Even otherwise, 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 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
(MACT No.696/17) Vikash Vs. Vikram Singh & Ors. 10
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 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.
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.
Section 304A in The Indian Penal Code, 1860 [Entire Act]
Icici Lombard General Insurance Co. Ltd vs Smt. Rajni Yadav And Ors 4 Mac/1553/2015 ... on 3 October, 2018
17. LOSS OF CONSORTIUM
In given fact and circumstances of the case and in
view of law /guidelines laid down in the case Magma General
Insurance Co. Ltd vs Nanu Ram and United India Insurance
United India Insurance Co. Ltd. vs Satinder Kaur @ Satwinder Kaur And Ors. on 30 June, 2020
3.
(MACT No.696/17) Vikash Vs. Vikram Singh & Ors. 18
Co. Ltd. vs Satinder Kaur4, a sum of ₹ 44,000/ (₹ 44,000/ x 1)
is awarded as compensation under the head 'Loss of
Consortium'.