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Shyamu Singh vs Rajesh Gautam on 14 March, 2024 cites

Mangla Ram vs The Oriental Insurance Company Ltd on 6 April, 2018

11. Further, legal offer has already been filed on behalf of Insurance Company. Moreover, it has not been disputed that respondent No.1 has been charge-sheeted in the aforesaid FIR for offences punishable under Sections 279/338 IPC for rash and negligent driving of the offending vehicle. The Hon'ble Apex Court in Mangla Ram Vs. Oriental Insurance Co. Ltd. & Ors., 2018 Law Suit (SC) 303 has observed that filing of charge sheet against the driver prima facie points towards his complicity in driving the vehicle rashly and negligently. It has been further observed that even when the accused were to be acquitted in the criminal case, the same may be of no effect on the assessment of the liability required in respect of motor accident cases by the Tribunal.
Supreme Court of India Cites 27 - Cited by 736 - A M Khanwilkar - Full Document

Bimla Devi & Ors vs Himachal Road Transport Corpn. & Ors on 15 April, 2009

12. It is well settled that the procedure followed for proceedings conducted by an Accident Tribunal is similar to that followed by a Civil Court and in civil matters, the facts are required to be established on preponderance of probabilities and not beyond reasonable doubt, as are required in a criminal prosecution. Reference in this regard is made to the judgment of Hon'ble Apex Court reported as (2009) 13 SC 530 in case titled as Bimla Devi and others Vs. Himachal Road Transport Corporation and others, DAR No. 364/19 Page 5 of 23 wherein it has been observed that strict proof of an accident caused by a particular vehicle in a particular manner may not be possible to be done by the claimants and the claimants were merely to establish their case on the touchstone of preponderance of probability.
Supreme Court of India Cites 2 - Cited by 2658 - S B Sinha - Full Document

Raj Kumar vs Ajay Kumar & Anr on 18 October, 2010

15. In terms of Section 168 of the Motor Vehicle Act, 1988, the compensation which is to be awarded by this Tribunal is DAR No. 364/19 Page 6 of 23 required to be 'just'. In injury cases, a claimant is entitled to two different kinds of compensation i.e. pecuniary as well as non- pecuniary damages. The Hon'ble Apex Court in Raj Kumar Vs. Ajay Kumar reported in (2011) 1 SCC 343, has laid down heads under which compensation is awarded in personal injury cases as:-
Supreme Court of India Cites 8 - Cited by 3811 - R V Raveendran - Full Document

Sandeep Mishra vs Vijay Kumar Yadav & Ors on 4 September, 2012

In this regard, Ld. Counsel for claimant has relied upon the judgment of Hon'ble High Court of Delhi in case titled as DAR No. 364/19 Page 12 of 23 Sandeep Mishra Vs. Vijay Kumar Yadav & Ors., MAC App. No.215/2010, wherein it was held that the petitioner is entitled to be compensated for all those leaves availed by him due to above accident irrespective of the nature of these leaves as it is now well settled that even if the leaves were paid leaves, the petitioner is entitled to be reimbursed for the same as he could have enjoyed or availed his leaves later on for his enjoyment or for enjoyment of his family members.
Delhi High Court Cites 6 - Cited by 43 - G P Mittal - Full Document

The New India Assurance Co. Ltd. vs Kashmiri Lal And Ors. on 9 December, 2005

In case even after lapse of 90 days from today, respondent no. 3 fails to deposit this compensation with interest, in DAR No. 364/19 Page 17 of 23 that event, in light of judgment of the Hon'ble High Court of Delhi passed in the case of New India Assurance Company Limited Vs. Kashmiri Lal 2007 ACJ 688, this compensation shall be recovered by attaching the bank account of respondent No. 3 with a cost of Rs.5,000/-.
Delhi High Court Cites 7 - Cited by 1437 - M Mudgal - Full Document
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