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1 - 10 of 11 (1.29 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
The Indian Penal Code, 1860
Section 173 in The Code of Criminal Procedure, 1973 [Entire Act]
National Insurance Company Ltd. vs Smt. Pushpa Rana And Ors. on 20 December, 2007
"6. Since the present petition is under Section 166
of M.V. Act, it was the bounden duty of the petitioner
to prove that the respondent No.2 was rash and
negligent in driving the vehicle at the time of
accident. In order to prove this issue, the Ld.
counsel for the petitioner has relied upon the
statement of PW1, who is the widow of the deceased
and she has deposed that her husband sustained
fatal injuries due to road vehicular accident that
took place on 31.07.2008 at about 08.00 Hrs near
NTPC Mathura Road, near Sagar Restaurant,
Mohan Co-operative and that the offending vehicle
bearing registration no. HR-47D-3785 was driven
by respondent no.2 in a rash and negligent manner.
This witness was thoroughly cross-examined by the
Ld. Counsel for respondents. However, no such
inconsistency or contradiction has emerged from
her cross-examination which may throw doubt on
her version regarding the accident. Statement of
this witness also stands corroborated by Ex.PW1/3,
certified copies of criminal case record filed U/s
279/304-A IPC by the investigating officer against
the respondent no.2/Shri Achhey Main. The
certified copy of FIR bearing No.369/08 PS
Badarpur, the certified copy of site plan, Ex.PW1/5
and arrest memo of driver of the offending vehicle,
Ex.PW1/7 has also been filed on record. To
determine the negligence of the driver of the
offending vehicle, I am being guided by the
MAC APP. No.550/2011 Page 2 of 8
judgment of Hon'ble High Court of Delhi in case
titled National Insurance Company Limited v.
Pushpa Rana, 2009 ACJ 287 wherein the Hon'ble
High Court has held that in case the petitioner files
the certified copies of the criminal record or the
criminal record showing the completion of the
investigation by the police or issuance of charge
sheet under Section 279/304 A IPC or the certified
copy of the FIR or the recovery memo of the
mechanical inspection report of the offending
vehicle, then these documents are sufficient proof to
reach to a 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]
Section 168 in The Motor Vehicles Act, 1988 [Entire Act]
Smt. Kaushnuma Begum And Ors vs The New India Assurance Co. Ltd. And Ors on 3 January, 2001
Further,
in case titled Kaushnumma Begum & Ors. v. 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 an
accident has been left to a 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.
It is also settled law that the term rashness and
negligence has to be construed lightly while making
a decision on a petition for claim for the same as
compared to the word rashness and negligence as
finds mention in the Indian Penal Code. This is
because of the fact that the chapter in the Motor
Vehicle Act dealing with compensation is a
benevolent legislation and not a penal one.
Therefore, reading all the documents filed by the
petitioner as a whole, it is clear that respondent no.2
was driving the vehicle in rash and negligent
manner.
Bimla Devi & Ors vs Himachal Road Transport Corpn. & Ors on 15 April, 2009
In Bimla Devi and Ors. v. Himachal Road Transport Corporation
and Ors., (2009) 13 SC 530, the Supreme Court held that in a
Petition under Section 166 of the Act, the Claimants were
merely to establish their case on the touchstone of
preponderance of probability and holistic view is to be taken
while dealing with the Claim Petition under the Motor Vehicles
Act. Para 15 of the report is extracted hereunder: