Search Results Page
Search Results
1 - 9 of 9 (0.87 seconds)The Motor Vehicles Act, 1988
Section 338 in The Indian Penal Code, 1860 [Entire Act]
Section 427 in The Indian Penal Code, 1860 [Entire Act]
National Insurance Company Ltd. vs Smt. Pushpa Rana And Ors. on 20 December, 2007
I am also being guided by the judgment of
Hon'ble High Court of Delhi in "National Company Limited Vs. Pushpa
Rana" (2009 ACJ 287), wherein it was 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 or the mechanical inspection report of the offending vehicle,
these documents are sufficient proof to reach to the conclusion that the driver
was negligent. It is also settled law that the term rashness and negligence has to
be constructed 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 Indian Penal Code, 1860
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Section 170 in The Motor Vehicles Act, 1988 [Entire Act]
Section 304A in The Indian Penal Code, 1860 [Entire Act]
1