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1 - 10 of 22 (0.33 seconds)The Indian Penal Code, 1860
National Insurance Company Ltd vs Pranay Sethi And Others on 22 June, 2022
In view of the facts and circumstances of the present case and
in view of decision of Hon'ble Apex Court in the case of "National
Insurance Company Ltd. Vs. Pranay Sethi & Ors." mentioned
supra, a sum of Rs. 16,500/- is awarded in favour of petitioners on
account of loss of estate and a sum of Rs. 16,500/- is awarded in
favour of petitioners on account of funeral expenses.
Bajaj Allianz General Insurance ... vs Pooja & Ors. on 2 November, 2017
Further, Hon'ble Delhi High Court in
appeal titled as Bajaj Allianz General Insurance Company Ltd. Vs.
Pooja & Ors, (supra) has been pleased to observe in para 18 of the
judgment that the Constitution Bench decision in Pranay Sethi
(supra) does not recognize any other non-pecuniary head of
damages. Hence, no amount of compensation is being awarded
under this head.
Section 168 in The Motor Vehicles Act, 1988 [Entire Act]
Section 169 in The Motor Vehicles Act, 1988 [Entire Act]
Bimla Devi & Ors vs Himachal Road Transport Corpn. & Ors on 15 April, 2009
11. 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 by preponderance of probabilities only and not by strict
rules of evidence or beyond reasonable doubts as are required in a
criminal prosecution. The burden of proof in a civil case is never as
heavy as that is required in a criminal case, but in a claim petition
under the Motor Vehicles Act, this burden is infact even lesser than
that in a civil case. Reference in this regard can be made to the
propositions of law laid down by the Hon'ble Supreme Court in the
case of Bimla Devi and others Vs. Himachal Road Transport
Corporation and others, reported in (2009) 13 SC 530, which
were reiterated in the subsequent judgment in the case of
Parmeshwari Vs. Amir Chand and others 2011 (1) SCR 1096
(Civil Appeal No.1082 of 2011) and also recently in another case
Mangla Ram Vs. Oriental Insurance Co. Ltd. & Ors., 2018 Law
Suit (SC) 303.
Parmeshwari vs Amir Chand & Ors on 28 January, 2011
11. 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 by preponderance of probabilities only and not by strict
rules of evidence or beyond reasonable doubts as are required in a
criminal prosecution. The burden of proof in a civil case is never as
heavy as that is required in a criminal case, but in a claim petition
under the Motor Vehicles Act, this burden is infact even lesser than
that in a civil case. Reference in this regard can be made to the
propositions of law laid down by the Hon'ble Supreme Court in the
case of Bimla Devi and others Vs. Himachal Road Transport
Corporation and others, reported in (2009) 13 SC 530, which
were reiterated in the subsequent judgment in the case of
Parmeshwari Vs. Amir Chand and others 2011 (1) SCR 1096
(Civil Appeal No.1082 of 2011) and also recently in another case
Mangla Ram Vs. Oriental Insurance Co. Ltd. & Ors., 2018 Law
Suit (SC) 303.
Mangla Ram vs The Oriental Insurance Company Ltd on 6 April, 2018
11. 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 by preponderance of probabilities only and not by strict
rules of evidence or beyond reasonable doubts as are required in a
criminal prosecution. The burden of proof in a civil case is never as
heavy as that is required in a criminal case, but in a claim petition
under the Motor Vehicles Act, this burden is infact even lesser than
that in a civil case. Reference in this regard can be made to the
propositions of law laid down by the Hon'ble Supreme Court in the
case of Bimla Devi and others Vs. Himachal Road Transport
Corporation and others, reported in (2009) 13 SC 530, which
were reiterated in the subsequent judgment in the case of
Parmeshwari Vs. Amir Chand and others 2011 (1) SCR 1096
(Civil Appeal No.1082 of 2011) and also recently in another case
Mangla Ram Vs. Oriental Insurance Co. Ltd. & Ors., 2018 Law
Suit (SC) 303.
United India Insurance Co.Ltd vs Shila Datta & Ors on 13 October, 2011
12. The Hon'ble Supreme Court of India in its full bench decision
in matter "United India Insurance Company Limited Vs. Shila
Datta & Ors." (2011) 10 SCC 509 has made following observations
about inquiry contemplated under MV Act:-