MANGALA RAM v. ORIENTAL INSURANCE CO.

M/S Tumkur Dcc Bank Ltd vs. The Assistant Commissioner

In the result, the appeals as well as the cross objection

Bench: SATISH CHANDRA SHARMA,V SRISHANANDA

…ove breach of duty on the part of the victim lies on the insurance company and the insurance company has to discharge the burden. [SEE: ‘USHA RAJ KHOWA VS. PARAMOUNT INDUSTRIES’, (2009) 14 SCC 71]. In ‘MANGALA RAM VS. ORIENTAL INSURANCE CO. LTD.’, (2018) 5 SCC 656]. In the background of the aforesaid well settled legal principles, we may advert to the facts of the case in hand. 11. For the sake of convenience, evidence from MVC No.22/2016 has been referred to. Admittedly, PW1 is not an eye witness to the accident. No other independent eye witness has been examined on behalf of the claimants to prove…

M/S Sobha Developers Ltd vs. Deputy Commissioner of

Bench: ALOK ARADHE,V SRISHANANDA

…. It is well settled law that in motor accident cases, the claimants are required to prove the accident on the basis of preponderance of probabilities has held by the Supreme Court in the case of MANGALA RAM VS. ORIENTAL INSURANCE CO. reported in (2018) 5 SCC 656. In the background of the aforesaid legal position, we may advert to the facts of the case. 14. The claimants in order to prove their respective cases examined the injured persons, namely B.R.Lingaraja and M.G.Girish, in support of their case that the accident took place only on account of rash and negligent driving of the driver of t…

Intel Services Llc vs. The Deputy Director of

In the result, the appeals as well as cross objections

Bench: ALOK ARADHE,M.I.ARUN

…me of the deceased towards personal and living expenses instead of 1/3rd. 10. We have considered the submissions made by learned counsel for the parties and have perused the record. The Supreme Court in ‘MANGALA RAM VS. ORIENTAL INSURANCE CO.’, (2018) 5 SCC 656 has held that the proceeding under the Act has to be decided on the basis of preponderance of probabilities and claimant is not required to prove the accident beyond reasonable doubt. It is well settled in law that when an accident happens through the combined negligence of two persons, he alone is liable to the other who had the last opportu…

The Pr. Commissioner of Income-Tax vs. M/S. Ranjitpura Infrastructure Pvt. Ltd

In the result, appeals are disposed of

Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR

…d to prove their claim on the touch stone of preponderance of probabilities and the test of standard of proof beyond reasonable doubt cannot be applied in a proceeding under Section 166 of the Act. (See MANGALA RAM Vs. ORIENTAL INSURANCE CO. LTD. (2018) 5 SCC 656). On the touch stone of aforesaid well settled legal principles, facts of the case in hand may be 11 examined. The accident took place at about 1.45 a.m. on the new year’s eve. The driver of the tata sumo, after the accident, did not stop and ran away. However, the mobile phone of the driver of tata sumo vehicle fell down which…

Pr.Commissioner of Income Tax-2 vs. M/S.Keerthi Estates Pvt Ltd

Bench: M.GANGA RAO,RAMESH RANGANATHAN

…1 2025:CGHC:19722 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1620 of 2017 Reserved on 21.04.2025 Delivered on 30.04.2025 Branch Manager, United India Insurance Company Limited, Branch Office Ambikapur Chhattisgarh Through Authorised Siganatury For The United India Insurance Company Limited, Bilaspur Divisional Office 2nd Floor Gurukripa Towers Vyapar Vihar Road Bilaspur Chhattisgarh --- Appellant versus 1. Sadhna Wd/o Baccha Lal Aged About 44 Years, Occupation Ho…

The Commissioner of Income Tax vs. M/S Te Connectivity India P Ltd

In the result, the appeals as well as cross objections

Bench: S.SUJATHA,VINEET KOTHARI

…me of the deceased towards personal and living expenses instead of 1/3rd. 10. We have considered the submissions made by learned counsel for the parties and have perused the record. The Supreme Court in ‘MANGALA RAM VS. ORIENTAL INSURANCE CO.’, (2018) 5 SCC 656 has held that the proceeding under the Act has to be decided on the basis of preponderance of probabilities and claimant is not required to prove the accident beyond reasonable doubt. It is well settled in law that when an accident happens through the combined negligence of two persons, he alone is liable to the other who had the last opportu…

The Commissioner of Income Tax vs. M/S Te Connectivity Inida P Ltd

In the result, the appeals as well as cross objections

Bench: S.SUJATHA,VINEET KOTHARI

…me of the deceased towards personal and living expenses instead of 1/3rd. 10. We have considered the submissions made by learned counsel for the parties and have perused the record. The Supreme Court in ‘MANGALA RAM VS. ORIENTAL INSURANCE CO.’, (2018) 5 SCC 656 has held that the proceeding under the Act has to be decided on the basis of preponderance of probabilities and claimant is not required to prove the accident beyond reasonable doubt. It is well settled in law that when an accident happens through the combined negligence of two persons, he alone is liable to the other who had the last opportu…

Commissioner of Income Tax-III vs. M/S. Yodlee Infotech Pvt. Ltd

Bench: S.SUJATHA,VINEET KOTHARI

…. It is well settled law that in motor accident cases, the claimants are required to prove the accident on the basis of preponderance of probabilities has held by the Supreme Court in the case of MANGALA RAM VS. ORIENTAL INSURANCE CO. reported in (2018) 5 SCC 656. In the background of the aforesaid legal position, we may advert to the facts of the case. 14. The claimants in order to prove their respective cases examined the injured persons, namely B.R.Lingaraja and M.G.Girish, in support of their case that the accident took place only on account of rash and negligent driving of the driver of t…

Commissioner of Income Tax vs. M/S.Symbol Technologies

Bench: S.SUJATHA,VINEET KOTHARI

…. It is well settled law that in motor accident cases, the claimants are required to prove the accident on the basis of preponderance of probabilities has held by the Supreme Court in the case of MANGALA RAM VS. ORIENTAL INSURANCE CO. reported in (2018) 5 SCC 656. In the background of the aforesaid legal position, we may advert to the facts of the case. 14. The claimants in order to prove their respective cases examined the injured persons, namely B.R.Lingaraja and M.G.Girish, in support of their case that the accident took place only on account of rash and negligent driving of the driver of t…

B.T. Patil and Mahalaxmi Joint Venture vs. Principal Commissioner of Income Tax

Bench: H.B.PRABHAKARA SASTRY,VINEET KOTHARI

…IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF APRIL, 2021 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE H.T. NARENDRA PRASAD AND THE HON’BLE MR.JUSTICE HEMANT CHANDANGOUDAR MFA CROB NO.100001/2016 IN MFA NO.102649/2015 CONNECTED WITH MFA NO.22106/2012, MFA NO.23434/2012, MFA NO.102649/2015, MFA NO.102650/2015, MFA NO.102651/2015, MFA NO.296/2016, MFA CROB NO.100002/2016 IN MFA NO.102650/2015, MFA CROB NO.100003/2016 IN MFA NO.102651/2015 AND MFA CROB NO.100128/2016 IN MFA NO.23434/2012 IN MFA.CROB No.100001 OF 20…

Commissioner of Income Tax - II vs. Heritage Goods (I) Ltd

The appeal is disposed of accordingly

Bench: Honourable Mrs. Justice Malasri Nandi Judgment & Order (Cav) Date : 04-04-2024 Heard Mr. M.P. Choudhury, Learned Counsel For The Appellants. Also Heard Mr. R.K. Bhatra & Mr. R.C. Paul, Learned Counsel For The Respondents.

…mission, the learned counsel for the appellant has placed reliance on the following case laws- (i) Vimla Devi & Ors. v. National Insurance Com. Ltd. & Anr. reported in (2019) 2 SCC 186. (ii) Mangla Ram vs. Oriental Insruance Com. Ltd. reported in (2018) 5 SCC 656. 11. In response, the learned counsel for the insurance companies has submitted that all the documents submitted by the appellant are Xerox copies and no original documents are available in the record. The copy of charge-sheet is also not filed along with the claim petition as such, it cannot be ascertained against which driver of the vehicle,…

The Commissioner of Income TAx-I vs. Harmahendar Singh bagga

Bench: CHALLA KODANDA RAM,G.CHANDRAIAH

Commissioner of Income Tax vs. M/S.Natioal Tax Preparation Services Pvt. Ltd

Bench: B.MANOHAR,VINEET SARAN

…. It is well settled law that in motor accident cases, the claimants are required to prove the accident on the basis of preponderance of probabilities has held by the Supreme Court in the case of MANGALA RAM VS. ORIENTAL INSURANCE CO. reported in (2018) 5 SCC 656. In the background of the aforesaid legal position, we may advert to the facts of the case. 14. The claimants in order to prove their respective cases examined the injured persons, namely B.R.Lingaraja and M.G.Girish, in support of their case that the accident took place only on account of rash and negligent driving of the driver of t…

Commissioner of Income Tax vs. Badagabettu Credit Co Operative Society Ltd

The appeals are disposed of

Bench: ARAVIND KUMAR,MOHAN M. SHANTANAGOUDAR

…uneral expenses’ are on the lower side and deserves to be enhanced suitably. 7. We have considered the submissions made by learned counsel for the parties and have perused the record. The Supreme Court in ‘MANGALA RAM VS. ORIENTAL INSURANCE CO.’, (2018) 5 SCC 656 has held that the proceeding under the Act has to be decided on the basis of preponderance of probabilities and claimant is not required to prove the accident beyond reasonable doubt. It is well settled in law that when an accident happens through the combined negligence of two persons, he alone is liable to the other who had the last opportu…

Commissioner of Income Tax - II vs. M/s. Heritage Finlease Ltd

…0% of the established income of the deceased towards future prospects should be given, where the deceased was below 40 years and who was self employed or on a fixed salary. 14. In the case of Mangla Ram vs. Oriental Insurance Co. Ltd., reported in 2018 5 SCC 656, decided on 06.04.2018, the Apex Court by following Pranay Sethi & Others (supra) awarded 40% of the income as future prospects. In the case of Sureshchandra Bagmal Doshi and Another vs. New India Assurance Company Limited and Others, reported in 2018 15 SCC 649, a two Judges Bench of the Apex Court, in its Judgment dated 18.04.2018, has awarded 10…