![]() ![]() Accordingly, the legal representatives of the deceased who have stepped into the shoes of the owner of the motor vehicle could not have claimed compensation under Section 163-A of the Motor Vehicle Act. If it is proved that the driver is the owner of the motor vehicle, in that case the owner could not himself be a recipient of compensation as the liability to pay the same is on him. While deciding cases arising out of motor vehicle accidents, the standard of proof to be borne in mind must be of preponderance of probability and not the strict standard of proof beyond all reasonable doubt which is followed in criminal cases. The FIR and chargesheet, coupled with the other evidence on record, inarguably establishes the occurrence of the fatal accident and also point towards the negligence of the respondent No. Registration of the FIR even though belatedly is sufficient to accept the occurrence of the accident. Merely because the FIR was lodged belatedly by itself is not crucial to disbelieve the version of the claimants under Motor Vehicle Act. it has also to be proved and established by the tenant specifically. The claim of a "married daughter" would fall in the second part of the clause 9.3.3 of National Coal Wage Agreement, like the "widowed daughter" and, therefore, before providing an appointment to her as a dependent employment, an enquiry is needed for in order to ascertain whether she is wholly dependent on the earnings of the deceased employee or not as per the condition required under the said clause.Ī bare bald averment in WS or in the memo of appeal by itself would not be sufficient to infer that the landlord has an alternative accommodation. Master of Human Resource Management (MHRM) is not equivalent to Master of Business Administration (MBA) and determination of equivalence does not lie within domain of writ Court, it is a matter for recruiting authority to determine. Person who is a gainful employee cannot be said to be dependent on the earning of his father for getting compassionate appointment with It is the onus on the party which alleges fraud in execution of a will to prove the element of fraud. Once a valuable right has accrued in favour of one party as a result of the failure of the other party to explain the delay by showing sufficient cause and its own conduct, it will be unreasonable to take away that right on the mere asking of the applicant, particularly when the delay is directly a result of negligence, default or inaction of that party. If the explanation offered for condonation of delay is concocted or stands falsified by conduct, the courts should not liberally condone the delay. Regarding Pre-sitting of National Lok Adalat on 12 th November 2022.Regarding to depute CJM/ACJM/JMFC to hold Special sitting on 15-10-2022 being the day of State Level Vrihad Jail Lok Adalat in Jail premises.Following shall be the Roster for the High Court of Chhattisgarh, Bilaspur with effect from 10 th October, 2022.12219/CPC/2022, Bilaspur, dated 01 st October, 2022.(For Keyboard, Mouse and Pencil for Apple/iPad) Notice and Call letters for Viva-Voce for District Judge (Entry Level) 2020 under Rule 5(1)(c).Regarding Retainer Advocates for the front office of Chhattisgarh High Court Legal Services Committee Bilaspur, dated 20 th October, 2022. ![]() 13058/CPC/2022, Bilaspur, dated 21 st October, 2022.( for LCD Electromagnetic Interactive Panels)
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