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1 - 10 of 12 (0.21 seconds)Section 304A in The Indian Penal Code, 1860 [Entire Act]
Section 279 in The Indian Penal Code, 1860 [Entire Act]
Dulcina Fernandes & Ors vs Joaquim Xavier Cruz & Anr on 8 October, 2013
"9....A holistic view of the evidence has to be taken into
consideration by the Tribunal and strict proof of an
accident caused by a particular vehicle in a particular
manner need not be established by the claimants. The
claimants have to establish their case on the touchstone of
preponderance of probabilities. The standard of proof
beyond reasonable doubt cannot be applied while
considering the petition seeking compensation on account
of death or injury in a road traffic accident. To the same
effect is the observation made by this Court in Dulcina
JITENDER KUMAR
2026.02.23 10:50
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Chandigarh
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Fernandes vs. Joaquim Xavier Cruz, (2013) 10 SCC 646
which has referred to the aforesaid judgment in Bimla
Devi."
Section 173 in The Code of Criminal Procedure, 1973 [Entire Act]
Nishan Singh vs Oriental Insurance Company Ltd. ... on 27 April, 2018
In the judgment in the
case of Nishan Singh and Others v. Oriental Insurance
Company Limited, 2018 (6) SCC 765, this Court has held,
on facts, that the car of the appellant therein, which
crashed into truck which was proceeding in front of the
same, was driven negligently by not maintaining sufficient
distance as contemplated under Road Regulations, framed
under Motor Vehicles Act, 1988. Whether driver of the
vehicle was negligent or not, there cannot be any
straitjacket formula. Each case is judged having regard to
facts of the case and evidence on record. Having regard
to evidence in the present case on hand, we are of the view
that both the judgments relied on by the learned counsel
for the appellant, would not render any assistance in
support of his case."
The Motor Vehicles Act, 1988
Mangla Ram vs The Oriental Insurance Company Ltd on 6 April, 2018
"7. As regards the reliability of charge sheet and
other documents collected by the police during the
investigation in motor accident cases, is concerned, this
Court in the case of Mangla Ram v. Oriental
Insurance Co. Ltd. and Ors. [(2018) 5 SCC 656] held
in para 27, thus:
National Insurance Company Ltd. ... vs Chamundeswari on 1 October, 2021
12. Further, a perusal of the award reveals that the Tribunal has given
weightage to the evidence recorded before it. It is well settled law that the
Tribunal has to decide the claim petition on the basis of the evidence led before
it and if any evidence before the Tribunal runs contrary to the contents in the
FIR, the evidence recorded before the Tribunal has to be given weightage.
Hon'ble Supreme Court in the case of National Insurance Company
Limited vs. Chamundeswari & Ors. [2021 (4) RCR (Civil) 494] has held
as under :
Oriental Insurance Co. Ltd vs Premlata Shukla & Ors on 15 May, 2007
In the judgment, relied on by the
appellant's counsel in the case of Oriental Insurance
Company Limited v. Premlata Shukla and Others, 2007
(13) SCC 476, this Court has held that proof of rashness
JITENDER KUMAR
2026.02.23 10:50
I attest to the accuracy and
integrity of this document
Chandigarh
FAO-4987-2024 -9-
and negligence on the part of the driver of the vehicle, is
therefore, sine qua non for maintaining an application
under Section 166 of the Act. In the said judgment, it is
held that the factum of an accident could also be proved
from the First Information Report.