Indian Penal Code, 1860, Section 279, 337, 201 -- Rash and negligent driving - Accused truck driver rashly and negligently hit scooter due to which victim sustained injuries - Evidence on record proves that accused was occupying driver seat of offending vehicle at the time of accident - Sole testification of complainant coupled with fact that accused was running away from..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304II -- Discharge - Offence u/s 304-II IPC - Allegation that A-1 learning driving with the assistance of A-2 in a school playground and drove the vehicle in a rash and negligent manner and dashed against both the deceased and injured - Accused have knowledge that their act of driving vehicle in..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Collusion between bus and jeep - Six persons died in the accident - Bus was driven on the correct side of road - There was enough space for the jeep to pass - Statements of DWs who were sitting in the bus shows that bus was being driven slowly as just prior to accident and jeep collided with..........
Indian Penal Code, 1860, Section 279 -- Accident - Rash and negligent driving - Mere fact that accused was driving vehicle in a high speed may not attract provision of S.279 IPC - Prosecution has to prove something more...........
Indian Penal Code, 1860, Section 279, 337, 201 -- Accident - Rash and negligent driving - Accused driving vehicle in high speed is the only evidence on record - I.O stated that there were 10-15 persons on the spot and out of those, no person was examined by him - Complainant specifically admitted that after the accident he fell unconscious and wife of complainant though..........
Indian Penal Code, 1860, Section 279, 337 -- Rash and negligent driving - Collusion between motorcycle and cycle - Two independent witnesses of occurrence not supported the prosecution case - Evidence on record shows that accused plying his motorcycle on correct side of road - Accused was not driving negligently on the relevant date - On the contrary it was the victim who..........
Motor Vehicles Act, 1988, Section 147, 166 -- Accident - Rash and negligent driving - Liability of insurer of offending vehicle - Insurer of offending vehicle not liable to pay compensation to claimants, where the deceased were travelling as "gratuitous passengers" in the offending vehicle - Insurance company directed to pay compensation since offending vehicle found..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 184 -- Rash and negligent driving - Vehicle driven at high speed - By itself not a factor to determine the rashness or negligence without judging the situation in which driver had been placed...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Rash and negligent driving of goods carriage vehicle - Death of pedestrian - Keeping in view the income of deceased, his contribution to his family, age of deceased, multiplier applicable and loss of consortium, claimants held, entitled to total compensation of Rs.8 lakhs with 9% interest p.a...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Mere fact that criminal case has been registered against respondent for accident is no ground to establish rash and negligent driving on part of respondent - Copy of FIR and report u/S.173 of Cr.P.C. are not substantive evidence - Tribunal has to base its finds on basis of evidence adduded before it - Claimants have only..........
