Motor Vehicles Act, 1988, Section 166 -- Accident - Future prospects - Deceased was 43 years of age at the time of accident and not in a regular employment - 25% future prospects adopted by High Court is perfectly in order as per decision in Pranay Sethi...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Concurrent jurisdiction is conferred upon Sessions Court and High Court to entertain prayer for pre-arrest bail - However, hierarchy of Courts demands that no person seeking such remedy should be encouraged or allowed to directly approach High Court for exercising jurisdiction u/s 482 BNSS..........
Civil Procedure Code, 1908, Order 21, Rule 58, Constitution of India, 1950, Article 227 -- Order returning claim petition with an office objection - Writ petition - Maintainability - When claim petition was presented, trial Court returned the same with an office objection - Instead of representing the petition and invite an order from executing Court, petitioner hastened..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injuries suffered in accident were not very serious - Non-healing ulcer could have been for various causes, especially when victim was known to be a diabetic, which necessitated skin grafting procedure - Procedure also was carried out successfully but in the aftermath of surgery, patient succumbed to death - Merely by..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Functional disability - Admittedly claimant was running business and he has already been fitted with a prosthetic limb to ensure his mobility - Order of High Court holding disability to be 50% for purpose of computing loss of income as relatable to loss of earning capacity is correct and within the parameters to be..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of claimant - Registration of firm of claimant took place in 2006 and income tax returns produced are also for assessment years 2005-2006 and 2006-2007 relatable to financial years 2004-2005 and 2005-2006 which are prior to accident which occurred in 2007 - It cannot be said that claimant..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Medical expenses - Entire medical expenses claimed for which invoices were produced, totalling Rs.12,54,985 has to be paid to claimant - High Court has awarded an amount of Rs.1 lakh for pain, shock and suffering and an amount of Rs.2 lakhs for loss of amenities which is proper - More so, considering that..........
Civil Procedure Code, 1908, Section 100(5) -- Second appeal - Additional substantial question of law - High Court is entitled to formulate an additional substantial question of law for reasons to be recorded if High Court is of view that case involves such a question of law...........
Civil Procedure Code, 1908, Section 100(5) -- Second appeal - Substantial question of law - Law as to : (i) substantial question of law must be grounded in the parties pleadings and findings of lower Courts - Thus, it must be exercised if it is so fundamental that it goes to very root of matter; (ii) Jurisdiction to frame a new question of law is exceptional and should not..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Application filed after four years of filing FIR - Fact that petitioner was not arrested for four years by itself was a good ground for High Court to exercise its discretion and order grant of anticipatory bail - While considering plea for anticipatory bail why should High Court ask a question to..........
