Motor Vehicles Act, 1988, Section 166, 163A -- Accident - Claim petition - Deductions - The standard fixed in case Sarla Verma on the aspect of deduction for personal living expenses in paragraphs 30, 31 & 32 must ordinarily be followed unless a case for departure in the circumstances - The percentage of deduction on account of personal and living expenses may vary with..........
Motor Vehicles Act, 1988, Section 168 -- Just compensation - Expression `just' means that the amount so determined is fair, reasonable and equitable by accepted legal standards and not a forensic lottery - Obviously `just compensation' does not mean `perfect' or `absolute' compensation - Just compensation principle requires examination of the particular situation obtaining..........
Motor Vehicles Act, 1988, Section 166, 147 -- Accident - Death of owner who was driving the vehicle - Claim petition by legal representatives - Not maintainable in the absence of a personal accident insurance being taken out by the owner...........
Motor Vehicles Act, 1988, Section 166A -- Accident - Compensation - Boy aged 8 years suffered permanent disability - There was shortening of 1 cm of right lower limb as compared to the opposite limb - Compensation allowed 4 lacs as claimed i.e. Rs.2.80 lacs on accounts of pain and sufferings and permanent disability, Rs.20,000/- towards medical expenses, conveyance,..........
Motor Vehicles Act, 1988, Section 167 -- Option for claim under Employees' Compensation Act 1923 or Motor Vehicles Act - Has to be exercised - Unless such an option is exercised, S.167 Motor Vehicles Act will not come into play...........
Motor Vehicles Act, 1988, Section 166, 8, 10 - - Exercise of option - Process initiated u/s 8 of the 1923 Act - Is at the instance of employer - Cannot be considered as exercise of option by dependants/claimants to seek compensation under the provisions of Act of 1923 - Position is different if dependants raise a claim for compensation u/s 10 of 1923 Act - Held, claimants..........
Motor Vehicles Act, 1988, Section 166, 167 -- Award u/s 166 of the Act - Deductions made for amount of compensation paid under Employee's Compensation Act - Held, no infirmity...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque- Cheque issued by accused to repay amount of loan got dishonoured - Defence of accused that he had given cheque to one `G' to purchase motor cycle - However, said `G' was not examined by him - Held, accused liable to be convicted - Since matter relates to year 2002 and already ten years have passed from..........
Criminal Procedure Code, 1973, Section 451, Indian Penal Code, 1860, Section 279, 114, Motor Vehicles Act, 1988, Section 184, 177, 192, 5, 6, 8, 10, 11 - - Release of vehicle seized in an offence u/s 279, 114 IPC, Ss.184, 177 & 192 of Motor Vehicles Act, Ss.5, 6, 8 & 10 of Gujarat Animal Preservation Act and S.11 of Prevention of Cruelty to Animals Act while transporting..........
Criminal Procedure Code, 1973, Section 2(c), Motor Vehicles Act, 1988, Section 185 -- Drunken driving - Offence of - Whether cognizable or no, cognizable? - Held, limited power to arrest without a warrant given to a police officer in uniform did not make the offences punishable u/ss 184 and 185 of the MV Act cognizable - Offence punishable u/s 185 of the M.V. Act is `no,..........
