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1 - 4 of 4 (0.24 seconds)Bimla Devi & Ors vs Himachal Road Transport Corpn. & Ors on 15 April, 2009
13. Besides, it is well settled that in motor vehicle
accident compensation cases the strict proof of negligence is
not required. This view of this court receives support from the
law declared by the Hon'ble Apex Court in the decision
reported in 2009 (13)SCCpage530 in the case of Bimla
Devi and others Vs Himachalapradesh Road Transport
Corporation and another and another decision reported in
AIR 2011SC1504 in the case of Paraeshwari Vs Amir
Chand and others. Thus, even this ratio laid down by the
Hon'ble Apex Court is also sufficient to conclude that this
SCCH14 11 MVC 7307/2019
court is not supported to look for strict proof of negligence on
the part of the driver of Lorry bearing Reg.No.TN70Y2431.
Therefore, after considering all the police documents and
evidence of PW.1 in my opinion, the petitioners have proved
that the said accident was only because of actionable
negligence on the part of the driver of offending vehicle and
deceased was sustained grievous injuries in the said accident
and died. With these observations, I have answered issue
No.2 in the Affirmative.
Hemraj vs Oriental Insurance Company Limited on 8 August, 2016
Besides, so far as adding of future prospects to the
income of deceased is concerned, however, I have relied upon
the ruling reported in 2018 ACJ 5(SC) (Hemraj Vs Oriental
Insurance Co., Ltd., & Ors) wherein it is held as under:
The Motor Vehicles Act, 1988
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