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1 - 4 of 4 (0.55 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
The Oriental Insurance Company Ltd vs Smt. Aarti Kahar Bhoi 84 Mac/571/2011 ... on 16 November, 2017
award are ditto in each appeal. The appellants have assailed the
impugned judgment-cum-award inter alia submitting that the learned
Tribunal failed to appreciate that merely the word „negligence‟ was
not used in the claim petition, the same is not of material consequence
inasmuch as the issue of rash or negligent driving on the part of the
driver was a matter of inference to be drawn from the proved set of
facts and circumstances and considering that the offending vehicle
was completely damaged, a strong inference is invited that the car
Signature Not Verified
MAC.APP. 395/2017,488/2015, 401/2017
Digitally Signed By:PRAMOD Page 5 of 12
KUMAR VATS
Signing Date:02.07.2024
17:12:52
was being driven at an impermissible high speed; and mere fact that
no FIR was recorded and/or no inquiry or investigation was conducted
by the Police as to the cause of the accident, was not by itself a
sufficient ground so as to hold that the driver of the offending car was
not at fault, for which, reference is made to a decision in the case of
Oriental Insurance Company Ltd. v. Sudhir Chandola5.
Additionally, stating that mere fact that the FIR was not registered,
does not cast any doubt over the truthful and credible testimony of the
witnesses and the accident in question is governed by the principles
of res ipsa loquitur thereby, meaning that the manner of the accident
speaks for itself. Lastly, the learned Tribunal failed to appreciate that
the proceedings before the it were summary in nature and the strict
rules of evidence were not to be applied; and that the learned Tribunal
has completely overlooked the nature of permanent disability suffered
by the claimant/Sandeep Mittal who has developed myopathy, as also
overlooking that the claimant/Pratibha Mittal suffered grievous
injuries along with the girl child aged three years, who had a horrific
life threatening experience.
National Insurance Co. Ltd. vs Gita Bindal & Ors. on 12 October, 2012
In the case of Geeta Bindal (supra), the deceased with two
other occupants was going in a car from Delhi to Vaishno Devi when
the car suddenly hit tree due to which, it went down the hill resulting
in his death while two other occupants miraculously survived. One of
the surviving witnesses when examined, stated that he was sleeping
when the car met with an accident. It was in the aforesaid
circumstances that this Court invoked the principle of res ipsa
62012 SCC OnLine Del 5375
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MAC.APP. 395/2017,488/2015, 401/2017
Digitally Signed By:PRAMOD Page 9 of 12
KUMAR VATS
Signing Date:02.07.2024
17:12:52
loquitor and the following parameters were laid down for
consideration on a conspectus of several decision on the issues:-
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