Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Tribunal and High Court failed to award compensation under the head `loss of consortium' to spouse, loss of love, care and guidance to children and funeral expenses - Held, compensation of Rs.One lakh and Rs.25000/- awarded under said heads...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased aged about 26 years - Held, multiplier of 17 rightly applied by Tribunal...........
Indian Penal Code, 1860, Section 498A, 323 -- Cruelty - Allegation that husband assaulted wife and drove her out of house and was demanding a motor-cycle and cash - No evidence on record to show that cruelty was meted out to wife with a view to coerce her to meet the demand - Even regarding assault no corroboration from neighbours or villagers - Prosecution failed to prove..........
Motor Vehicles Act, 1988, Section 3, 4, 8(1)(8), 13 -- Learner's licence and driving licence - Both are effective throughout India - Learner's licence has to be treated as effective driving licence for driving the motor cycle with or without gear...........
Motor Vehicles Act, 1988, Section 166, 149 -- Motor accident - Permanent disablement - Liability of insurance company - Mere contending that driver of vehicle was not having valid driving licence is not sufficient - Insurance company ought to have obtained necessary documents from the concerned RTA authorities in support of its contention and filed them in the case or it..........
Motor Vehicles Act, 1988, Section 166, 173 -- Accident - Contributory negligence - To prove contributory negligence there must be cogent evidence...........
Motor Vehicles Act, 1988, Section 166, 173 -- Accident - Compensation - Contributory negligence - Testimony of eye witness who is not related to the deceased scooterist that at the site there was a curve and bus driver did not blow the horn and bus was being driven at a very high speed - There is no specific evidence to prove that accident took place due to rash and..........
Indian Penal Code, 1860, Section 302, 341, 394, 34 -- Murder & Robbery - Acquittal - PW3 & PW4, eye witnesses did not state in their evidence that they appeared before a magistrate and gave a statements u/s 164 Cr.P.C. - There are contradictions in the statement vis-a-vis their evidence in court, therefore those statements cannot be used as a corroborative piece of..........
Motor Vehicles Act, 1988, Section 194 -- Seizure of vehicle - Wherever and whenever the transport checking officials notice that provision of S.194 of the Act is violated an option must be given to driver/owner or accompanier of such vehicle to opt for payment of specified penalties for release of vehicle as an interim measure instead of seizing the same...........
Motor Vehicles Act, 1988, Section 194 -- Release of seized vehicle - If a vehicle is seized for contravention of S.194 of Act the owner of vehicle has an option either to approach Secretary RTA for release of vehicle or approach High Court invoking writ jurisdiction...........
