Indian Penal Code, 1860, Section 363 -- Kidnapping - Prosecutrix did not raise any hue and cry or even jumped from the motor cycle on their way, from school to park and then to hotel - Prosecution has failed to prove that accused had kidnapped or enticed away the prosecutrix from the custody of her parents - Acquittal calls for no interference...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Wife committed suicide within a year of marriage - Allegation of cruelty and harassment on demand of dowry soon before death proved against husband as he demanded Rs.3 lacs form deceased for starting new business and for purchasing motor cycle - No evidence of cruelty and harassment has been proved..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Pick up van hit the scooter - Death of scooter rider and pillion rider suffered injuries - Defence of respondent that pick up van was not driven rashly and negligently but it was rider of scooter who was negligent - Pillion rider not examined - Not fatal - Tribunal recorded evidence after seven years - In the facts of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation can be awarded more than what is claimed as it is the statutory duty of Tribunal and appellate Court to award just and reasonable compensation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased 25 years of age at the time of accident - Keeping in view the life expectancy of deceased, multiplier of 20 must be applied to the multiplicand for the purpose of quantifying loss of dependency...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was 25 years of age at the time of accident - Multiplier of 20 is applicable - Rs.5,000/- taken as a monthly income having regard to the nature of job that the deceased was performing as a polisher, which is a skilled job - In case of self employed person or persons with fixed wages, in case..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Parents dependants on deceased - Held, parents have a right to get the compensation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of bachelor aged 24 years earning Rs.18,100/- p.m. - Deduction of 50% has to be made as personal and living expenses...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Multiplier - Death of bachelor aged 24 years - Multiplier is based on the age of deceased and not on the basis of age of dependent - It is multiplier of 18 which applies - Claimants also entitled to Rs.50,000/- each totalling Rs.one Lacs towards loss of affection of son, Rs.10,000/- on account of funeral and ritual..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - An application for compensation arising out of motor vehicle accident resulting into death of a person can be filed by all or any of legal representatives of deceased - A claimant must be legal representative of deceased and it is not necessary that he should be dependent upon income of deceased to claim..........
