February 2020

Accident—Claim Petition—Hyper technical approach is not to be adopted while adjudicating such type of petitions Accident—Claim Petition—Judgment of a criminal Court is not binding upon the Civil Court or Tribunal under motor vehicle act—The Tribunal has to reach its own conclusion on the basis of evidence adduced before it

By | February 21st, 2020|Claim Petition|

Comments Off on Accident—Claim Petition—Hyper technical approach is not to be adopted while adjudicating such type of petitions Accident—Claim Petition—Judgment of a criminal Court is not binding upon the Civil Court or Tribunal under motor vehicle act—The Tribunal has to reach its own conclusion on the basis of evidence adduced before it

Accident—Claim Petition—Legal representatives of deceased need not necessarily be dependent upon the deceased Accident—Claim petition by the sons of the deceased who are major and were not dependent on the deceased is maintainable

By | February 9th, 2020|Claim Petition|

Comments Off on Accident—Claim Petition—Legal representatives of deceased need not necessarily be dependent upon the deceased Accident—Claim petition by the sons of the deceased who are major and were not dependent on the deceased is maintainable

January 2020

Accident—Claim Petition—Registered Owner—Driver purchased the vehicle after the accident and became registered owner—As far as the third party is concerned, Insurance Company is liable to satisfy their claim irrespective of change of registered owner

By | January 26th, 2020|Claim Petition|

Comments Off on Accident—Claim Petition—Registered Owner—Driver purchased the vehicle after the accident and became registered owner—As far as the third party is concerned, Insurance Company is liable to satisfy their claim irrespective of change of registered owner

Accident-Interest on Compensation-Tax Deduction at Source-No amount would be deductable at source at all, even if such interest is beyond Rs.50,000/- in particular year is paid after 1.6.2015–Claimants cannot be burdened with filing returns seeking a refund, if the fault is that of the company itself

By | January 12th, 2020|Claim Petition|

Comments Off on Accident-Interest on Compensation-Tax Deduction at Source-No amount would be deductable at source at all, even if such interest is beyond Rs.50,000/- in particular year is paid after 1.6.2015–Claimants cannot be burdened with filing returns seeking a refund, if the fault is that of the company itself

Accident—Claim Petition—Too much significance cannot be attached to delay in lodging FIR while deciding a claim petition Accident—Claim Petition—Statement of eye witness in court who was subjected to lengthy cross examination is more reliable than contradictory statement made by said eye witness allegedly made before police during investigation

By | January 2nd, 2020|Claim Petition|

Comments Off on Accident—Claim Petition—Too much significance cannot be attached to delay in lodging FIR while deciding a claim petition Accident—Claim Petition—Statement of eye witness in court who was subjected to lengthy cross examination is more reliable than contradictory statement made by said eye witness allegedly made before police during investigation

Accident—Claim Petition—Injured had received compensation under group insurance scheme—However, compensation cannot be denied to claimant under conventional heads u/s 166 M. V. Act

By | January 1st, 2020|Claim Petition|

Comments Off on Accident—Claim Petition—Injured had received compensation under group insurance scheme—However, compensation cannot be denied to claimant under conventional heads u/s 166 M. V. Act

December 2019

Accident—Claim Petition—Even if eye-witnesses had resiled during the criminal trial, however if they support the case of claimants in MACT proceedings their depositions cannot be rejected

By | December 15th, 2019|Claim Petition|

Comments Off on Accident—Claim Petition—Even if eye-witnesses had resiled during the criminal trial, however if they support the case of claimants in MACT proceedings their depositions cannot be rejected

Accident—Claim Petition—Merely because a witness slipped at a few places regarding the minute details does not go to put a question mark over his credibility and truthfulness         

By | December 9th, 2019|Claim Petition|

Comments Off on Accident—Claim Petition—Merely because a witness slipped at a few places regarding the minute details does not go to put a question mark over his credibility and truthfulness         

Accident–Claim Petition- Held; to throw proper light on the controversy examination of eye witnesses is necessary-Application under 0.41 R.27 CPC allowed-Civil Procedure Code, 1908, 0.41 R.27

By | December 2nd, 2019|Claim Petition|

Comments Off on Accident–Claim Petition- Held; to throw proper light on the controversy examination of eye witnesses is necessary-Application under 0.41 R.27 CPC allowed-Civil Procedure Code, 1908, 0.41 R.27

November 2019

September 2019

August 2019

June 2019

Personal Expenses-Deceased was only earning of family—He was survived by widow, minor children widowed mother and sister and a minor brother-Held; it cannot be expected that while taking care of such a large family he would be spending one-third for his self expenses-Deduction for one-fourth is made.  

By | June 24th, 2019|Claim Petition|

Comments Off on Personal Expenses-Deceased was only earning of family—He was survived by widow, minor children widowed mother and sister and a minor brother-Held; it cannot be expected that while taking care of such a large family he would be spending one-third for his self expenses-Deduction for one-fourth is made.  

Accident–Special Diet—Tribunal has not considered the fact that the appellant was hospitalization for 62 days and would be requiring transportation and special diet not only during the period of hospitalization but thereafter also-Rs.30,000/- more awarded for special diet, attendant and transportation.  

By | June 22nd, 2019|Claim Petition|

Comments Off on Accident–Special Diet—Tribunal has not considered the fact that the appellant was hospitalization for 62 days and would be requiring transportation and special diet not only during the period of hospitalization but thereafter also-Rs.30,000/- more awarded for special diet, attendant and transportation.