India - Madhya Pradesh
the Investigating Officer in a motor accident claim case. ... Officer to prove documents related to a motor accident claim. ... reiterated that the standard of proof in motor accident claims is based on preponderance of probability, not beyond re....
India - Punjab and Haryana
Fact of the Case: The case involved a fatal accident where two individuals suffered injuries and later succumbed to ... the role of the investigating agency, and cited relevant case laws to support its decision. ... ] - [Sections 166, 279, 304-A of IPC] - The court discussed the involvement of the offending vehicle....
Fact of the Case: The appeals involved a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 for ... compensation on account of death in a motor vehicle accident. ... the offending car at the time of the accident. ... The approach in examining the evidence in accident#....
India - Karnataka
fact that suppression of medical records of two hospitals where the deceased was allegedly treated and non-examination of Investigating ... Officer deprived the accused of the opportunity to demonstrate that the evidence of PW.1 regarding the accident is doubtful - Court ... Hospital, Deceased died ....
– Claim Compensation - Case of prosecution is that present petitioner being driver of a Truck drove same in a rash and negligent ... T-12 Vertebra in a road traffic accident which is said to have taken place - Therefore, first appellate Court as on date of modifying ... and has given relaxation which resulted #HL_STA....
India - Manipur
in a road traffic accident caused by the appellant's vehicle. ... against the judgment and order passed by the Motor Accident Claim Tribunal (MACT) awarding compensation for the death of two individuals ... Fact of the Case: The case involved an appeal under Section 173 of the Motor Vehicle Act, 1988 filed by the appellant ... Natio....
India - Allahabad
Whether the delay in lodging the FIR was fatal to the claim. 2. ... Whether the involvement of the insured vehicle in the accident was proven. ... The court emphasized that the delay in lodging the FIR should not be a fatal ground for dismissing a claim, especially when satisfactory ... from the lis....
India - Rajasthan
patent illegality and lack of evidence supporting the claim of accidental death. ... precedent set in Smt. ... (A) Insurance Act, 1938 - Group Personal Accident Insurance Policy - Claim for compensation due to accidental ... on whether ‘accidental means’ and ‘accidental death’ are to be read as similar or whether in order for an accid....
India - Andhra Pradesh
a motor vehicle accident case wherein a person died - IN view of fact that accused is still in employment imposing fine alone would ... the PO Act as such even though in this case technical reasons as set out supra conviction under Section 304-A is turned out to be ... passed by learned Judicial Magistrate in this cr....
India - Delhi
The liability of the owner of a vehicle to compensate the victim in an accident due to the negligent driving of his servant is based ... Fact of the Case: The deceased, Abdul Kadir, died due to injuries sustained in a road accident involving a bus driven ... In the present case, ....
Negligence - Motor Accident Claims - Motor Vehicles Act, 1988, Sections 147, 149, 157, 170 Fact of the Case: The ... Finding of the Court: The court dismissed the claim petition, finding that the negligence of the driver was not proved ... and the circumstances of the accident. ... , is to be believed that the accident#HL....
The jeep held not involve in accident. ... B. ... It was considered that the deceased was 35 years old and engaged in business of footwear his income was around Rs. 2400/ – P.M. so ... The declared dead after taken in the hospital. ... of the Investigating Officer in this case, if at all of any infe....
India - Jammu and Kashmir
reliable, even in the absence of test identification, and that the non-examination of the Investigating Officer did not cause prejudice ... of the Investigating Officer caused prejudice to his case. ... Issues: The issues included the reliability of dock identification and the imp....
Motor Vehicles Act, 1939 - Section 110A — Accident chum — Rash and negligent claim — Compensation for death — Normal life span of ... 75 years could be consider on the basis of family — Monthly earning fixed at 5000/ — -Compensation assets at Rupees 2,40,000/-after ... Whether the petition is bad for mis-joinder and non-joinder of necessary parties ? 4....
India - Madras
Criminal Revision - Rash and Negligent Driving - Sections 279, 337, and 338 of IPC - Summary Fact of the Case: The ... negligent manner, resulting in an accident that caused grievous injuries and ultimately led to the death of a cyclist. ... The court held that the accused's actions constituted rash and negligent driving, resulting in the accident and....
the tribunal has not committed any error - Appeal is partly allowed - Order of tribunal is quashed and matter is remanded back to ... Motor Vehicle Act - Rash and Negligent - Contributory Negligence - Road Accident - Compensation claimed Rs. 97,20,000 - Tribunal ... concluded that the Claimant failed to prove beyond reasonable doubt that the accident took place by the vehicle alleged - H....
India - Bombay
Fact of the Case: The deceased, a 22-year-old clerk cum manager, died in a vehicular accident. ... The court also considered the principle of res ipsa loquitur and the legal principles established in previous judgments. ... MACT - Motor Accident Claims Tribunal - [MOTOR VEHICLES ACT, 1988, SECTION 166], [CIVIL PROCEDURE CODE, 1908, SECTION 115], [INDIAN ... After obse....
Fact of the Case: The deceased, Chatur Singh, was hit by a truck and sustained fatal injuries. ... The Tribunal rejected the claim petition based on the finding that the truck was not involved in the accident. ... , Section 110d - The court discussed the involvement of the truck in the accident, the burden of proof....
Constitution Of India1950 – Claim compensation - Motor Accident Claim - Motor vehicular accident involving ... was best person to prove as to in what capacity deceased was travelling in his vehicle- Even Investigating Officer if examined ... along with livestock loaded in offending vehicle as owner was never put ....
vehicle- Even Investigating Officer if examined by appellant could have spilled beans- On or hand, it is specially pleaded by ... oral testimony of claimant and witnesses, more so, when investigation officer has not been examined in matter - In circumstances ... Constitution Of India,1950 - Motor Accident Claim - FIR - Motor ve....
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