1) Bombay HC: How to appreciate evidence in motor accident claim petition when false case is put forth by claimant?
Therefore, if he was an eye witness to the incident, why he did not inform the said fact and ask the police to incorporate the vehicle number of Tata Magic in the inquest panchnama itself, is also a question. Conveniently the claimants have kept him out of witness box, for the reasons best known to them. Therefore, mere mention of Tata Magic in inquest panchnama will not be sufficient to hold that it was the Tata Magic belonging to respondent No. 1 and insured with respondent No. 2 on the date of the accident.
IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
First Appeal No. 606 of 2019 and Civil Application No. 3025 of 2019 in FA/606/2019
Decided On: 24.09.2019
Shriram Insurance Company Ltd. Vs. Vanita and Ors.
Hon'ble Judges/Coram:
Vibha Kankanwadi, J.
Citation: MANU/MH/2654/2019.
2) Bombay HC: How to appreciate evidence in motor accident case when police report was lodged against unknown vehicle?
16. There is no other evidence in proof of involvement of the tractor in question. The Tribunal ought not to have allowed the claim petition merely relying on such police papers namely, charge-sheet, seen of accident panchnama and post mortem notes. This Court has, therefore, every reason to interfere with the impugned judgment and award. In view of this Court, the evidence fell short to make out case even on preponderance of probabilities.
IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
First Appeal No. 1342 of 2021
Decided On: 31.01.2022
Shriram General Insurance Company Ltd. Vs. Tilottam and Ors.
Hon'ble Judges/Coram:
R.G. Avachat, J.
Citation: MANU/MH/1303/2022.
3) Bombay HC: What will be effect of delay in lodging of police report in motor accident claim petition?
14. No doubt, Motor Vehicles Act, 1988, is a
beneficial legislation; but then liberal
interpretations and benefit can be given when the
accident is proved. When accident itself is not
proved, though the burden was on the claimants; then
question of liberal interpretation does not arise.
The point no. I is, therefore, answered in the
negative.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AT AURANGABAD.
First Appeal No. 0186 of 2019
Kavita Ratnakar Ghodke, Vs Sandip Sarjerao Jadhav,
CORAM : SMT. VIBHA KANKANWADI, J.
DATE : 15TH JULY 2019.
4) Bombay HC: What will be effect of non examination of investigating officer by claimant in motor accident claim petition?
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AT AURANGABAD.
First Appeal No. 0186 of 2019
Kavita Ratnakar Ghodke, Vs Sandip Sarjerao Jadhav,
CORAM : SMT. VIBHA KANKANWADI, J.
DATE : 15TH JULY 2019.
5) Karnataka HC: Under which circumstances non examination of material witness is fatal to motor accident claim petition?
13. Considering the aforesaid principles of law and background of facts, it is manifestly clear that it is a case of dubious concoction having made with sinister object of extracting the claim as the claimant if found to be travelling as a gratuitous passenger in a goods vehicle, was not entitled to compensation for breach of terms and conditions of the insurance policy. The long time gap between the occurrence of the accident and the filing of the complaint would be the reason for ingeniously designing a device to make a claim for which the claimant was not legally entitled to.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.F.A. No. 2162/2011 [MV]
Decided On: 24.10.2016
Bajaj Allianz General Insurance Co. Ltd. Vs. Shoukath and Ors.
Hon'ble Judges/Coram:
S. Sujatha, J.
6) Karnataka HC: Under which circumstances the motor accident claim tribunal should recall the order of grant of compensation?
11. It is settled legal position that fraud and collusion vitiates even the most solemn proceedings in any civilized system of jurisprudence. Lord Denning in Lazarus Estates Ltd. vs. Beaslay observed at Queens Bench pages 712-713 All England Report page 345-C-D) "No judgment of a court, no order of a minister, can be allowed to stand if it has been obtained by fraud. Fraud unravels everything."
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.F.A. No. 2162/2011 [MV]
Decided On: 24.10.2016
Bajaj Allianz General Insurance Co. Ltd. Vs. Shoukath and Ors.
Hon'ble Judges/Coram:
S. Sujatha, J.
7) Karnataka HC: How to ascertain that claimant has filed false motor accident claim petition?
9. Fraudulent claims are on the rise. Hence, it is necessary to state that, filing of complaint to the police, or filing of charge sheet by the police, by itself, is no proof of involvement of the vehicle in the accident. Delayed filing of complaint to the police by giving particulars of a vehicle stating that it is involved in the accident, or delayed noting of particulars of a vehicle in the police record is prima facie indicative of its false implication in the accident. In such cases, stricter scrutiny of the evidence is required. The evidence requires to be assessed with great care and caution. The main test is one of reliability.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Miscellaneous First Appeal No. 7025/2011 (MV)
Decided On: 09.11.2015
Arathy and Ors. Vs. S.M. Umesha and Ors.
Hon'ble Judges/Coram:
H.G. Ramesh, J.
Citation: 2015:KHC:32692, MANU/KA/4733/2015.
8) Bombay HC: Whether motor accident claim tribunal should rely on evidence of witness who is declared hostile in criminal court relating to same accident?
Mr. Choudhary, submits that evidence of eye witness is absolutely unreliable. They are got up witnesses. Perusal of evidence of CW 2 Santosh shows that he runs sugarcane juice shop nearby the place of accident and claims himself to be an eye witness. However, during his cross- examination he admitted that he cannot read and write. There is no provision of electric light at the spot of accident. He did not disclose offending vehicle number to any one till police approached him. He cannot tell as to whether it was head on collision between two vehicles as he was at the distance. All these admissions coupled with fact that he turned hostile before the criminal court makes his statement unreliable.
{Para 9}
IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
First Appeal No. 1631 of 2024 and Civil Application No. 7984 of 2024 in FA No. 1631 of 2024
Decided On: 21.02.2025
The New India Assurance Company Ltd. Vs. Sangita and Ors.
Hon'ble Judges/Coram:
S.G. Chapalgaonkar, J.
Citation: 2025:BHC-AUG:4911, MANU/MH/0999/2025.
9) Bombay HC: How to appreciate evidence of eye witness of accident in motor accident claim petition when said witness was relative of claimant?
In cross-examination, he admitted that he is relative of the claimants. He states that he noted number of offending vehicle after getting a pen from the owner of sugar cane juice shop. He states that he did not felt necessary to accompany deceased to the Hospital or he never informed police chowki or doctor regarding the vehicle number or incident. He never visited the police or gave his statement to the police. The Certified copy of his statement recorded in S.C.C. No.457 of 2018 is also placed on record of the Tribunal at Exhibit 15, wherein he states that he came to know about vehicle number from the mob gathered at the spot of accident. If the aforesaid evidence is taken into account, it is difficult to believe that accident occurred in presence of CW-3. Pertinently, CW-1 admits in his cross-examination that vehicle owner bears surname Karhale as claimants and he is resident of the village which is at a distance of 30 kilometers from village of the claimants. He admits that he had received information as to owner of the vehicle, but never disclosed it to any one prior to filing of the complaint. {Para 10}
IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
First Appeal No. 1631 of 2024 and Civil Application No. 7984 of 2024 in FA No. 1631 of 2024
Decided On: 21.02.2025
The New India Assurance Company Ltd. Vs. Sangita and Ors.
Hon'ble Judges/Coram:
S.G. Chapalgaonkar, J.
Citation: 2025:BHC-AUG:4911, MANU/MH/0999/2025.
10) Delhi HC: Whether claimant is entitled to get compensation for motor accident if he has failed to prove that he had valid driving license at the time of accident?
11. In absence of a valid permit to drive deceased should not have driven motorcycle on public road which automatically infers a definite threat to the general public. In the instant case, time of the accident is 3:15 AM when generally the roads are free from traffic, if a person drives on the public road without valid driving license, the inference drawn could only be of accident and such act would not attract tortuous liability. Reliance is placed on Surender Kumar Arora And Another v. Manoj Bisla And Others (2012) 4 SCC 552.
IN THE HIGH COURT OF DELHI
Mac. App. 954/2017 and C.M. Appl. 39162/2017
Decided On: 18.01.2019
Rehmani Begum and Ors. Vs. Krishan Pal
Hon'ble Judges/Coram:
I.S. Mehta, J.
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