Indian Penal Code, 1860, Section 326, 498A, Dowry Prohibition Act, 1961, Section 4 -- Grievous hurt - Cruelty - Dowry demand - Victim was put to fire on being tortured for demand of dowry - Defence taken a plea that victim caught fire accidentally - However, Doctor who examined victim stated that injuries could not be caused by accident, as same were caused by pouring..........
Motor Vehicles Act, 1988, Section 163A, 166 -- Death - Compensation - Petition filed u/s 163-A of the Act, hence, Second Schedule will apply - Compensation is to be determined on basis of income of deceased and his age at the time of accident and other usual heads - No increase in amounts is provided under the said Schedule is permissible by Courts and only Central..........
Fatal Accidents Act, 1855, Section 1A -- Fatal accident - Electrocution - Compensation - Rules applicable to case wherein legal heirs of deceased entitled to one time compensation of Rs.5 lakhs - Since accident is of year 2008, it is thus, fit case to invoke jurisdiction of Supreme Court u/art 142 of Constitution and grant Rs.7 lakhs as compensation...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Medical evidence - Inquest report of deceased shows that deceased was dead on the way to hospital `P'- However, PWs stated that dead body of deceased was taken from hospital `P' to other hospital `V', which is contrary to prosecution case - Neither doctor of hospital `P' was examined nor Accident Register marked - Though..........
Ranbir Penal Code, 1989, Section 279, 304A, 337 -- Rash and negligent driving - Merely because accident has taken place negligence or rashness cannot be inferred...........
Ranbir Penal Code, 1989, Section 279, 304A, 337 -- Rash and negligent driving - Fatal accident - Appeal against acquittal - As per statement of PW, it is evident that death of deceased and injuries to injured were not immediate consequences of negligence of accused - Even, all PWs are of different opinion of incident - Prosecution failed to prove its case - Accused rightly..........
Motor Vehicles Act, 1988, Section 149 -- Accidental death - Compensation - Liability of insurer - Appeal by truck owner - Offending vehicle stationary at time of accident - When there is no case of negligent driving and case is made out of only negligent parking - Issue regarding driving licence cannot be raised by insurance company - Therefore, insurance company cannot be..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of deceased - Deceased was 24 years old at time of accident - He was working in private company earning Rs.15,000/- p.m - High Court assessed income of deceased @ Rs.8000/- p.m - However, considering evidence on record, it will be just and proper to fix monthly salary of deceased @ Rs.10,000/- p.m...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Future prospects - Deceased was 24 years old at time of accident - He was working in private company and having stable job - 50% of actual salary income of deceased has to be added towards future prospects as deceased was below 40 years in view of Sarla Verma case - Gross income of deceased comes to Rs.15,000/- p.m...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Multiplier - Age of deceased has to be taken into account for adopting multiplier even if deceased is bachelor - High Court has taken age of mother of deceased into consideration while applying multiplier - Since age of deceased was 24 years, High Court should have given benefit of multiplier of 18...........
