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1 - 10 of 22 (0.26 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Section 304A in The Indian Penal Code, 1860 [Entire Act]
Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 168 in The Motor Vehicles Act, 1988 [Entire Act]
Ravi vs Badrinarayan & Ors on 18 February, 2011
16. The contention regarding delay of one day in registration of the FIR is
devoid of merit. It is settled law that delay in lodging the FIR is not fatal to a claim
under the Motor Vehicles Act, particularly when the same stands satisfactorily
explained. Reference in this regard can be made to the judgment of the Hon'ble
Supreme Court in Ravi v. Badrinarayan, 2011(4) SCC 693, wherein it has been
held that delay in lodging of FIR should not be treated as fatal for motor accident
claim proceedings, if the claimant is able to demonstrate satisfactorily and with
cogent reasons for such delay. The relevant para is reproduced as under:-
Ningamma & Anr vs United India Insurance Co.Ltd on 13 May, 2009
12. Thus, the liability of the tractor/its insurer extended to the
accident caused by the tractor resulting in the death of the
deceased, through the trailer. This being the position in the present
case, the principles emanating from the decisions where the Courts
have held that the trailer has to be separately registered with the
insurance company to make it liable, would not be applicable. To
that extent, the facts in the present case are clearly distinguishable
from the ones cited by learned counsel for the appellant. The
legislation i.e., the MV Act, being beneficial and welfare-oriented
in nature [Ningamma v United India Insurance Co. Ltd., (2009) 13
SCC 710; K Ramya v National Insurance Co. Ltd., 2022 SCC
OnLine SC 1338, and; Shivaleela v Divisional Manager, United
India Insurance Co. Ltd., 2025 SCC OnLine SC 563] and
ultimately the root cause of the accident being the tractor, which
was insured, this crucial fact cannot be lost sight of. For further
clarification, we might illustrate: if an insured vehicle hits another
vehicle which in turn hits a third vehicle, then for the entire chain
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of accidents, the liability would pass on to the vehicle which was
the root cause of the accident because it is the result of the action
in the same chain of events which cannot be segregated or
compartmentalized. Moreover, this Court is duty-bound to be
mindful of the ground realities of our nation and cannot let
practicality be overshadowed by technicality.
K. Ramya vs National Insurance Company Ltd. on 30 September, 2022
12. Thus, the liability of the tractor/its insurer extended to the
accident caused by the tractor resulting in the death of the
deceased, through the trailer. This being the position in the present
case, the principles emanating from the decisions where the Courts
have held that the trailer has to be separately registered with the
insurance company to make it liable, would not be applicable. To
that extent, the facts in the present case are clearly distinguishable
from the ones cited by learned counsel for the appellant. The
legislation i.e., the MV Act, being beneficial and welfare-oriented
in nature [Ningamma v United India Insurance Co. Ltd., (2009) 13
SCC 710; K Ramya v National Insurance Co. Ltd., 2022 SCC
OnLine SC 1338, and; Shivaleela v Divisional Manager, United
India Insurance Co. Ltd., 2025 SCC OnLine SC 563] and
ultimately the root cause of the accident being the tractor, which
was insured, this crucial fact cannot be lost sight of. For further
clarification, we might illustrate: if an insured vehicle hits another
vehicle which in turn hits a third vehicle, then for the entire chain
13 of 27
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of accidents, the liability would pass on to the vehicle which was
the root cause of the accident because it is the result of the action
in the same chain of events which cannot be segregated or
compartmentalized. Moreover, this Court is duty-bound to be
mindful of the ground realities of our nation and cannot let
practicality be overshadowed by technicality.
Oriental Insurance Co. Ltd vs Brij Mohan & Ors on 15 May, 2007
14. To our mind, the learned Judges in Dhondubhai (supra) did
not lay down an absolute principle of law, but taking note of
Oriental Insurance Co. Limited v Brij Mohan, (2007) 7 SCC 56, it
was ordered that the 'respondent-Insurance Company shall pay the
amount awarded by the High Court as compensation with the
accrued interest and recover the same from the owner of the
vehicle.'
United India Insurance Company Limited vs Koduru Bhagyamma And Ors. on 23 November, 2007
A decision by a Division Bench of the Andhra Pradesh
High Court in United India Insurance Co. Ltd., Kadapa District v
Koduru Bhagyamma, 2007 SCC OnLine AP 830 is relevant: