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United India Insurance Company Limited vs Polineni Jhansi 5 Ors on 6 June, 2018 cites

National Insurance Co vs Prembai Patel And Others on 18 April, 2005

This Court after examining the facts and circumstances notices that even in Prembai Patel's case (1 supra), the Supreme Court has stated that a person who is injured has an option of filing an application under the Motor Vehicles Act, 1988 (for short 'the Act') or under the Workmen's Compensation Act. The Supreme Court in paragraph 6 has clearly held that in a petition under the Workmen's Compensation Act, the injured or the legal heirs of the deceased workmen do not have to establish negligence as a 1 2005 ACJ 1323 3 pre-condition for award of compensation. But in a claim petition before the Motor Accidents Claim Tribunal, negligence becomes an issue. The injured or the legal representatives of the deceased have to establish by preponderance of evidence that there was no negligence on the part of the deceased in a motor accident claim.
Supreme Court of India Cites 14 - Cited by 177 - G P Mathur - Full Document

United India Insurance Co. Ltd., ... vs Mattedu Manikyam And Others on 12 November, 1999

In addition, this Court also notices the judgment of the learned single Judge of this Court in United India Insurance Company Ltd., Warangal v. Mattedu Manikyam and others3, wherein the single Judge noticed that a collie was travelling in a tractor and trailor on the mudguard of a tractor. The learned single Judge held that the mere fact that 2 2008 (9) SCC 527 3 2000 (1) ALD 572 4 the deceased was travelling on the mudguard of a vehicle does not lead to a conclusion that there is a breach of the policy conditions.
Andhra HC (Pre-Telangana) Cites 3 - Cited by 6 - E D Rao - Full Document
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