Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement - Just compensation assessed by High Court cannot be declined on the ground of non filing of cross appeal by appellant as in Motor Accident Claims, Court should not take hyper technical approach - Just compensation, as assessed by High Court, granted with interest thereon...........
Legal Services Authorities Act, 1987, Section 22C -- Accidental death Repudiation of claim - Group Insurance Policy - Taken by respondent no.2 for its members/kissan credit card holders - Permanent Lok Adalat awarded Rs.5 lacs to respondent no.1 - IRDA issued a circular and cautioned all insurance companies to desist from rejecting genuine claims in case of delay in..........
Rajasthan State Road Transport Corporation Compassionate Appointment Regulations, 2010 -- Regul.4(3) - Compassionate Appointment - Validity of Regul.4(3) - Corporation carved out two classes of dependents of deceased employees in respect of claims for Compassionate appointment i.e. dependents of employees who have died in an accident while travelling in a vehicle belonging..........
Railways Act, 1989, Section 124A -- Untoward incident - Claim for compensation - Interest - In absence of any specific statutory provision, interest can be awarded from date of incident - Legal position in this regard is at par with cases of accident claims under Motor Vehicles Act, 1988...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Nature of proof required in accident claims is qualitatively different from one in criminal cases...........
Medical Council of India Act, 1956 -- Error of judgment or an accident is not proof of negligence - So long as doctor follows a practice acceptable to the medical profession of the day, he cannot be held liable for negligence merely because a better alternative course was available - A professional may be held liable for negligence if he does not possess the requisite..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Amount of Rs.5,81,000 along with 6% interest awarded by Claims Tribunal upheld as no appeal for its enhancement was filed - It would be open to claimants to recover the entire amount from owner, driver and insurer of car or driver of tempo as their liability is joint and several with respect to..........
Motor Vehicles Act, 1988, Section 149(2), 166, 173 -- Rash and negligent driving - Fatal accident - Compensation - Deceased sitting in tempo died due to collusion with truck - Tempo driven on a non permit route could only be raised by insurance company against owner of truck - Insurer of truck which caused accident was rightly held responsible after duly appreciating the..........
Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Compensation - Structured formula - Applicability of - Held, structured formula as prescribed under second schedule and multiplier mentioned therein is not binding for claims u/s.166 of the Act of 1988...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, 304A -- Quashing of FIR - Rash & negligent driving - Compromise - Deceased was aged about seventy years and suddenly came in front of car of petitioner and there was no rashness or negligence on his part - Respondent Nos.2 & 3 are the only surviving legal heirs of deceased and confirm the..........
