Motor Vehicles Act, 1988, Section 166 -- Accident - Deceased 19 years and unmarried having parents aged 55/56 years - Held, in a case where unmarried young man dies in motor accident, the average age of the parents is to be taken into consideration for determining the multiplier - Age of the deceased has no relevancy - For the age group of 56 - 60 years multiplier of 8 is..........
Explosives Act, 1884, Section 10 -- Forfeiture of motor vehicle - Legality of - Held, court is entitled to invoke S.10 of the Act only in case a person is convicted of an offence punishable under the Act - In absence of recording conviction of any person under the Act, lower court should not have invoked S.10 for ordering forfeiture of motor vehicle...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Case of complainant that cheque issued by accused in discharge of debt dishonoured - Contention that a signed blank cheque entrusted with one "V" in connection with purchase of a motor cycle misused by complainant - Evidence on record however does not in any way help accused..........
Motor Vehicles Act, 1988, Section 166 -- Claim for injuries sustained in motor accident - Offending vehicle owned by educational institution - FIR recorded about 3 and half months after accident - However, a letter of authorization given by Principal of school, who was owner of bus - Letter purported to give authority to transport-in-charge of school to get bus released..........
Motor Vehicles Act, 1988, Section 166 -- Marriage prospects - Doctors evidence not supporting - Compensation on this account not awarded...........
Motor Vehicles Act, 1988, Section 80 -- Permanent permit - Application for - Dismissal - Legality of - Looking to the impugned order, it appears that no reasons have been assigned - Only one reason assigned is "dismissed" - Held, it reveals absolute arbitrariness, which leads to inequality - The impugned order is an appealable order under Section 89 of the Motor Vehicles..........
Standards of Weights and Measures Act, 1976, Section 14,79, Standards of Weights and Measures Act (Enforcement) Act, 1985, Section 11 -- Rule 5 Schedule 2 Part II Item II - Standards of Weights and Measures (National Standards) Rules, 1988, - Allegations that petitioner company issued advertisement in magazine mentioning power of engine of vehicle as 109 BHP, thus,..........
Motor Vehicles Act, 1988, Section 173, Civil Procedure Code, 1908, Order 41, Rule 27 -- Civil - Claim petition - Appeal - Additional evidence - Evidence of Investigating Officer and doctor who issued disability certificate as well as of doctor at the Base Hospital, who subsequently treated appellant were not adduced - Required to be adduced to show that appellant..........
Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Determination of compensation - Deceased possessed land which remained with claimants as his legal heirs - Claimants required to engage persons to took after agriculture - Held, normal rule about deprivation of is not strictly applicable to cases where agricultural income is source - Tribunal must be..........
Motor Vehicles Act, 1988, Section 168(1), 166 -- Accident - Permanent disability - Affecting earning capacity - Compensation on account of permanent disability has also to be awarded in addition to award of compensation determined on various aspects including permanent injury/disability...........
