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1 - 8 of 8 (2.71 seconds)Section 92 in The Motor Vehicles Act, 1988 [Entire Act]
Motor Vehicles Act, 1939
Smt.Rita Devi & Ors vs New India Assurance Co.Ltd. & Anr on 27 April, 2000
In RITA DEVI VS. NEW INDIA ASSURANCE CO.LTD., 2000 ACJ 801 (SC) , (cited by
learned counsel for the petitioners), the Hon'ble Supreme Court interpreted the
expression "arising out of the use of the motor vehicle" in the context of death
or permanent disablement suffered due to the accident arising out of the use of
motor vehicle and gave it even a wider interpretation even to include the
situation where a murder can be treated as accident in a given case. In the said
case, the death of deceased was caused in the process of committing theft of
autorickshaw and it was held that owner of motor vehicle or authorised insurer
was liable to pay compensation under Section 163A of the Motor Vehicles Act.
It was thus, observed as under:
"9. The question, therefore, is : can murder be an accident in any given
case? There is no doubt that 'murder', as it is understood, in the common
parlance is a felonious act where death is caused with intent and the
perpetrators of that act normally have a motive against the victim for such
killing. But there are also instances where murder can be by accident on a
given set of facts. The difference between a 'murder' which is not an
accident and a 'murder' which is an accident, depends on the proximity of
the cause of such murder. In our opinion, if the dominant intention of the
act of felony is to kill any particular person then such killing is not an
accidental murder but is a murder simplicitor, while if the cause of murder
or act of murder was originally not intended and the same was caused in
furtherance of any other felonious act then such murder is an accidental
murder."
The Indian Penal Code, 1860
Section 165 in The Motor Vehicles Act, 1988 [Entire Act]
Rajesh Tyagi & Ors. vs Jaibir Singh & Ors. on 21 December, 2009
In order to avoid the compensation money being frittered away, an amount of
Rs.1,25,000/ (Rupees One Lakh Twenty Five Thousand) be released to the
petitioners in proprotion to the shares mentioned above immediately in their
savings bank account in nationalised bank(s) and balance amount of
Rs.4,00,000/ (Rupees Fourt Lakhs) would be kept in accordance with the
order dt. 07.12.2018 passed by Hon'ble Mr.Justice J.R. Midha in RAJESH
TYAGI & ORS. VS. JAIBIR SINGH & ORS. IN FAO NO.842/2003 as per details
mentioned herein:
Section 95 in The Motor Vehicles Act, 1988 [Entire Act]
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