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1 - 10 of 12 (0.29 seconds)Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 304A in The Indian Penal Code, 1860 [Entire Act]
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Union Of India And Another vs Tulsiram Patel And Others on 11 July, 1985
30. The Hon'ble High Court of Delhi in its latest judgment in Union of India and
Another Vs. Nanisari and Others MACA 682/2005 decided on 13.1.2010 have given
certain guidelines and directions to the Motor Accident Tribunals to the effect that
henceforth the Tribunals shall direct the insurance companies to deposit the award
amount in the bank within 30 days with further direction as to the disbursement of the
same in terms of the award and case be kept pending till the compliance is placed on
record. The directions given by Hon'ble High Court of Delhi as mentioned and endorsed
in the said order has already been re affirmed by Hon;ble Supreme Court of India in order
dated 17.12.2009 in SLP (C) No. 11801-11804/2005 which contains certain schemes
initiated for the benefit of the victims of the road accidents after the award amount is
passed. The para no.18 of the judgment of the Hon'ble High court of Delhi runs as
under:-
Section 170 in The Motor Vehicles Act, 1988 [Entire Act]
The Indian Penal Code, 1860
Smt. Kaushnuma Begum And Ors vs The New India Assurance Co. Ltd. And Ors on 3 January, 2001
13. Moreover in Kaushnumma Begum and others v/s New India Assurance
Company Limited, 2001 ACJ 421 SC it was held that the issue of wrongful act or
omission on the part of driver of the motor vehicle involved in the accident has been left
to a secondary importance and mere use or involvement of motor vehicle in causing
bodily injuries or death to a human being or damage to property would made the petition
Suit No.896/11 Page No.3/10
maintainable under section 166 and 140 of the Act. It is also settled law that the term
rashness and negligence has to be construed lightly while making a decision on a petition
for claim for the same as compared to the word rashness and negligence as finds
mention in the Indian Penal Code. This is because the chapter in the Motor Vehicle Act
dealing with compensation is a benevolent legislation and not a penal one.
The Minimum Wages Act, 1948
National Insurance Company Ltd. vs Smt. Pushpa Rana And Ors. on 20 December, 2007
15. To determine the negligence, I am being guided by the judgment of Hon'ble
High Court of Delhi in 2009 ACJ 287, National Insurance Company Limited Vs. Pushpa
Rana wherein in the Hon'ble High Court held that in case the petitioner files the certified
copy of the criminal record or the criminal record showing the completion of the
investigation by the police or the issuance of charge sheet under section 279/304 A IPC
or the certified copy of the FIR or in addition the recovery memo on the mechanical
inspection report of the offending vehicle, these documents are sufficient proof to reach
to the conclusion that the driver was negligent. It was further held that the proceedings
under the Motor Vehicles Act are not akin to the proceedings in a civil suit and hence
strict rules of evidence are not required to be followed in this regard.