Indian Penal Code, 1860, Section 363, 365, 376(2)(f), 302, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping, rape and murder of 8 years old mentally and physically retarded girl - Accused after brutally raping victim girl, hit her head against motorcycle and then used a stone to smash her head and tried to flee that very night itself - Police..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deductions - Deceased 30 years of age at the time of accident - He was self employed as Pandit and bachelor - Deduction of 50% towards personal and living expenses rightly held by High Court...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - To be applied with reference to age of deceased - Since the age of deceased was 30 years thus multiplier of 17 is appropriate - Monthly income as Rs.12,000/- is rightly fixed by High Court...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased aged 30 years - Monthly income Rs.12,000/- - Multiplier of 17 applied - 50% deduction towards personal and living expenses - Taking into account the age of deceased and dependency of parents of deceased upon him, total compensation of Rs.18,36,000 is appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Contributory and composite negligence - Difference - In case of contributory negligence, a person who has himself contributed to the extent cannot claim compensation for injuries sustained by him in the accident to the extent of his own negligence - Whereas, in composite negligence, a person who has..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Composite negligence/joint tort feasors - Liability - Law as to : (i) In the case of composite negligence, plaintiff/claimant is entitled to sue both or any one of the joint tort feasors and to recover the entire compensation as liability of joint tort feasors is joint and several; (ii) In the case of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of dependency - Deceased was employed as Cook in an Indian restaurant in Germany - Income could not be assessed on the basis of documents furnished - High Court assessed deceased's income at the time of his death at Rs.8,333/- p.m which is on the lower side - Considering the facts, circumstances of the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased assessed at the time of death at Rs.2.70 lacs per annum - 10% deducted towards income tax, further deducted 1/3rd towards personal expenses and multiplier of 16 applied - Loss of dependency comes to Rs.25.92 lacs, Rs.1 lac awarded towards loss of estate, Rs.1 lac awarded towards loss of..........
Indian Penal Code, 1860, Section 279, 304A, Motor Vehicles Act, 1988, Section 146, 177 -- Rash and negligent driving - Death of pedestrian - Liability of motor cyclist - If pedestrian suddenly crosses road without taking note of vehicles plying through road, rider of motor cycle may not be in position to avoid accident - In such situation, it will not be possible to say..........
Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Compensation - Loss of dependency - Deceased was 45 years of age at the time of accident and was working as a teacher in government school - It would e just and proper to take monthly income of deceased at Rs.6,000/- - Future prospects taken as 30% - - Annual income of deceased comes to Rs.93,600 and on deduction of..........
