Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Physical disability - Medical opinion given by Commissioner assessed 78% physical disability of appellant which not being challenged by Insurance Company nor being doubted by Tribunal itself - However, High Court has treated the physical disability of appellant at 61.94%, which was initial assessment made..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix's testimony lacks corroboration from scientific and medical evidence and discrepancies between her account and medical report undermine her credibility - Non-production of FSL reports further weaken the allegations - Additionally, FIR was lodged with a delay of 3 days without any satisfactory explanation, which is..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Medical expenses - Medical expenses despite producing bills for Rs.1,86,486, Tribunal and High Court only awarded an amount of Rs.1,90,000 including for special diet, conveyance and attendant charges - Medical bills proved has to be granted in full and for special diet, conveyance and attendant charges a..........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of Insanity - Conviction - Medical report on record show accused normal - However, the medical examination of accused was only conducted during the pendency of appeal i.e. after 5 years from the incident - Further, the prosecution witnesses testified that accused mental condition was unstable both before and after..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Medical expenses - Injured had to move from local hospital to specialized hospital and then to higher medical center, conveyance charges can be fixed at Rs.50,000 - For pain and suffering, considering amputation of his left leg, Rs.2 lakhs can be awarded - Since, High Court has found a reasonable period of..........
Armed service -- Disability pension - Requirement to give reasons by Medical Board is crucial, critical, decisive and necessary for purpose of granting or denying disability pension and it is not a mere formality, but a necessary material on basis of which pension sanctioning authority has to decide about grant or refusal of disability pension - If any action is taken by..........
Armed service -- Disability pension - Where serviceman himself had not applied for discharge, but has been discharged by authority, onus of proving disability and grounds of denying disability pension would lie heavily on authority - Since it is statutory requirement that opinion of Medical Board is to be basis of discharge, if opinion of Medical Board is devoid of..........
Armed service -- Disability pension - Order of discharge of appellant and denial of disability pension to him based on a medical opinion without providing full reasons to support opinion cannot be said to be valid - However, considering the fact that about 27 years of appellant being invalided from service, order of discharge of appellant from service on the ground of..........
Education -- Admission to MBBS course - Denial on the ground of disability - Medical Board in its report, observed that appellant demonstrated the functional adaptation using his existing digits during given tasks - Only minor challenge which appellant faced during the entire procedure, was putting on sterilized standard gloves - Such trivial aberration by no stretch of..........
Indian Penal Code, 1860, Section 498A, 324, 355, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against husband - Allegation of throwing chilli powder and assault on wife by husband and other in-laws is not only supported by wound certificate which discloses simple injury but also statement of neighbour - It cannot be..........
