Motor Vehicles Act, 1988, Section 166 -- Accident - Collusion between truck and bike - Death of driver of bike - Eyewitness/PW3 was accompanying the deceased in another bike - He stated that both the bikes being driven in normal speed when offending truck came from the wrong side and hit the bike of deceased - Truck was driven in a rash and negligent manner - After the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Driver of offending vehicle did not have a licence as required under the Act and the Rules to drive a vehicle carrying dangerous and hazardous goods - Eye witness clearly deposed that accident was caused by reason of rash and negligent driving of vehicle which the driver was not entitled to drive for reason..........
Indian Penal Code, 1860, Section 279, 304A, 427 -- Rash and negligent driving - Testimony of eye witness/PW5 - PW5 neither identified truck which is alleged to have hit deceased nor identified petitioner as driver of said truck - Evidence of PW5 cannot be taken as sufficient to connect petitioner to be driver of offending vehicle - I.O. has not been examined as a witness -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Offending vehicle/trailer driven rashly and negligently - Mere fact that the driver of scooter had only a learners licence would not necessarily lead to a conclusion of contributory negligence on the part of scooter driver - There can be no negligence found on the scooter driver also by the mere..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Involvement of minor/appellant No.2 in accident - Father of appellant No.2 was driving vehicle at material time and not appellant No.2/minor - Minor was merely a passenger seated beside driver and had no role in the accident - Neither substantive or direct evidence establishing involvement of minor in the accident in..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Once a charge sheet has been filed and driver of offending vehicle has been held negligent, no further evidence is required to prove that vehicle was being negligently driven by bus driver - Even if eyewitnesses are not examined, that will not be fatal to prove death of deceased due to negligence of driver..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338, 427 -- Rash and negligent driving - Collusion between Trolla and scooty - The only question involved is whether accused was identified or was driving Trolla at the relevant time - Accused admitted that he was driving offending vehicle/Trolla, but he was not driving in a rash and negligent manner - Thereafter, he tried..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Mere mis-description of make of vehicle could not have been treated as consistency or a ground to dismiss the claim petition itself, particularly when there is no change in the registration number of offending vehicle...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Mere mis-description of make of vehicle could not have been treated as consistency or a ground to dismiss claim petition itself, particularly when there is no change in registration number of offending vehicle...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Driver of offending vehicle did not possess an effective driving licence - Driver and owner of offending vehicle are liable to pay compensation - High Court rightly directed Insurance Company to first pay the compensation to claimants and then recover the same from driver and owner, who are jointly and..........
