Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Condition to deposit 30% of total amount of penalty - Held, without expressing any opinion on merits of case, lest it may prejudice the outcome of trial, condition to deposit 30% of total amount of fine/penalty is modified to the extent that petitioner would furnish a personal bond together with an..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was a gratuitous passenger in a goods vehicle - Insurance Company of offending vehicle rightly directed by Tribunal to first pay the amount of compensation to claimants and thereafter recover the same from owner of vehicle...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Suspension of sentence of conviction - Contraband - Body of appellants and thereafter vehicle were searched - Such search was stated to be done in presence of Gazetted Officer - But said Gazetted Officer was not examined as a witness nor his presence..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Liability of insurance company - Offending vehicle was wrongly parked and there was no driver obviously, it is owner of vehicle who has to take responsibility for any liability arising out of any untoward incident including accident in question - Insurance Company liable to pay the amount with..........
Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - PW39 has categorically stated that though vehicle was not driven in a high speed, if petitioner had driven the bus little more slower could have avoided accident - Evidence of PW39 is very much believable, cogent and inspires confidence of Court - There is culpable rashness and negligence on..........
Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - Modification of sentence - Case does not involve either egregious conduct or grave negligence or rashness - However, since the vehicle fell into gorge, it unfortunately resulted in loss of life and grievous injuries to several other persons - Petitioner was in prison for a period of 13 days -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Absence of vehicle registration number in FIR or complaint lodged immediately after accident is not by itself fatal to claim, as FIR is not an encyclopedia and omissions at the initial stage may not be determinative - However, claimants must establish specific identity of vehicle/driver with caveat that..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Complaint merely states that a vehicular accident occurred without identifying offending vehicle - Spot mahazar was admittedly prepared several days after accident - In absence of any eyewitness to accident, there is nothing to indicate basis upon which it was drawn up or on whose statement formed its..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Allegation that jeep in which five persons sitting dashed against bicycle driven by complainant and his son, resulting in injuries both to complainant and his son - However, deposition of complainant and PWs 1 and 2 was only to extent of sole accused arrayed in charge sheet having driven the..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 497 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner neither named in FIR nor found to be an accused - He is thus, entitled to get supurdagi of vehicle with conditions - Application allowed...........
