Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988:s.166 – Fatal accident – Claim petition – The documents filedin the criminal proceedings in respect of the accident were filedalongwith the petition – Tribunal dismissed the petition holding thatclaimants failed to prove the accident for want of evidence and thedocuments produced, since not exhibited, were of no use – HighCourt dismissed the appeal – On appeal, held: The Act is a beneficialpiece of legislation – It relieves the victims from ensuring strictcompliance provided in law which are otherwise applicable to thesuits and other proceedings – Claim petition is neither a suit nor anadversarial lis in the traditional sense – It is regulated by theprovisions of Chapter XII, which is a complete code in itself – Theobject of s. 158(6) r/w s.166(4) is to reduce the period of pendencyof claim case by making it mandatory for registration of claim withinone month from the date of receipt of FIR of the accident – Courtsbelow were not justified in dismissing the claim petition – Claimanthad adduced sufficient evidence to prove the accident and the rashand negligent driving of the driver of the offending vehicle – Non exhibitionof the documents was merely a procedural lapse, whichcould not be made basis to reject the claim petition – Taking intoconsideration all the facts and circumstances of the case, theclaimants are held entitled to claim Rs. 11,27,920/- by way ofcompensation from the respondents jointly and severally. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 1076 |
Petitioner | Vimla Devi And Ors. |
Respondent | National Insurance Company Limited And Ors. |
SCR | [2018] 13 S.C.R. 753 |
Judgement Date | 2018-11-16 |
Case Number | 11042 |
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