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1 - 10 of 11 (0.27 seconds)Smt.Rita Devi & Ors vs New India Assurance Co.Ltd. & Anr on 27 April, 2000
34. Mr. Banik has also relied on a more recent decision of the Supreme Court in the case of Rita Devi and Ors. v. New India Assurance Company and Anr. . In that case, an auto rickshaw hired from the stand by some unknown persons went missing and was reported stolen. On the next day, the police recovered the dead body of the driver, but the auto rickshaw could not be traced. The claim of the widow and other heirs of the driver for compensation under Section 163A of the Motor Vehicles Act, 1988 was contested by the owner and the insurer on the ground that the driver had been murdered and that his death could not be said to have been caused by an accident arising out of the use of the autorickshaw.
Section 2 in The Motor Vehicles Act, 1988 [Entire Act]
Section 95 in The Motor Vehicles Act, 1988 [Entire Act]
The Hindu Succession Act, 1956
The Motor Vehicles (Amendment) Act, 2000
Section 92A in Motor Vehicles Act, 1939 [Entire Act]
Section 110 in Motor Vehicles Act, 1939 [Entire Act]
Motor Vehicles Act, 1939
Shivaji Dayanu Patil & Anr vs Smt. Vatschala Uttam More on 17 July, 1991
44. For the reasons which weighed with the Hon'ble Supreme Court in the cases of Shivaji Dayanu Patil (supra) and Ratna Devi (supra) we hold that the death of the victim was due to an accident arising out of the use of truck No. HR 29/GA-0549 and that his heirs are entitled to compensation from the respondents under Section 163-A of the Mother Vehicles Act, 1988 on the basis of structured formula as per the Second Schedule to the Act.