Motor Vehicles Act, 1988, Section 165, 175 -- Damage to property - Claim for compensation - Civil suit - Tempo driven in a rash and negligent manner dashed against shop of plaintiff - Civil suit for damages - Held, civil suit for damages is not maintainable - Jurisdiction exclusively vests with Tribunal to entertain claim for damages to property u/s 165 of the Act...........
Indian Penal Code, 1860, Section 304B, 201 -- Conviction u/ss 304-B, 201 IPC - Appeal against - PWs8 and 9 not witnesses of demand of dowry - No previous report lodged regarding demand of dowry - Demand of motor cycle not mentioned in Ex.P-10 and same not corroborated by PW9 - Delay of 10 days in lodging FIR and no reasonable explanation given for delay in lodging FIR - No..........
Motor Vehicles Act, 1988, Section 163A -- Fatal Motor accident - Petition under Section 163-A - Maintainability - Income of the deceased aged 40 years was Rs.2, 16, 000/- per annum - Held, petition not maintainable - Section 163-A is applicable where income is Rs.40, 000/- per annum or less...........
Motor Vehicles act, 1988, Section 168, 173 -- Accident - Compensation - Police Officer, aged 34 years, suffered 60% permanent partial disability rendering him unfit for continuing in police force - Extent of compensation depends on the extent of disablement, its duration and consequences on the life of a victim, details of which may vary from case to case - While assessing..........
Motor Vehicles Act, 1988, Section 168, 173 -- Accident - Compensation - Partial permanent disability - Claimant is entitled the amount of compensation for future loss due to disability...........
Motor Vehicles Act, 1988, Section 168, 173 -- Accident - Compensation - Claimant is entitled to `just' compensation - Court should grant it irrespective of claim made by the victim of accident, on the available evidence or allow amendment to be made and opportunity to lead evidence - Claimant can also be awarded compensation for future medical treatment...........
Motor Vehicles Act, 1988, Section 166, 173 -- Fatal motor accident - Claimant's widow and minor children - Compensation awarded to the tune Rs.13.12 lacs - Enhancement sought - Enhancement disallowed as claimant's were receiving benefits of family pension...........
Motor Vehicles Act, 1988, Section 166, 173 -- Fatal motor accident - Assessment of compensation - Deceased was running a tea stall - His income assessed as Rs.5, 000/- by the Tribunal - Held, this income from running a tea stall at Bus Stand is not inflated - Multiplier of 15 applied as deceased was aged 40 years - Multiplier cannot be said to be on the higher side...........
Motor Vehicles Act, 1988, Section 166, 173 -- Motor Accident - Death of salaried person - Calculation of compensation - Held, while calculating compensation of a salaried person, the amount of employer's share in provident fund is to be added and tax paid by the deceased is to be deducted from the salary payable to the deceased...........
Motor Vehicles Act, 1988, Section 163A, 173 -- Motor accident - Petition under Section 163-A - Maintainability - Petitioner claimed compensation of Rs.1, 00, 000/- stating his salary as Rs.84, 000/- per annum - This salary admitted by employer - In evidence petitioner stated his income as Rs.3, 000/- per month - Held, petitioner cannot bring down his income so as to enable..........
