Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased one of the three riders on a motor cycle - May be violation of law but such violation not contributory negligence unless it is established that his very act of riding along with two others, contributed either to the accident or the impact of the accident upon the victim...........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Deceased one of three riders on a motor cycle - Contributory negligence - In absence of any evidence to show that wrongful act on part of deceased contributed either to accident or to nature of injuries sustained, deceased could not have been held guilty of contributory negligence - Reduction of 10%..........
Bank -- Net Banking fraud - Siphoning of Rs.Thirty lakhs - School never approached bank for net banking facility - Account of school tagged with personal account of school principal - Bank rendered themselves liable by enabling net banking facility by linking the individual account of School's Principal to the School's account - Complicity of Principal of school not found..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Collusion between truck and car - Five passengers including driver of car died - Contributory negligence - Accident took place at Toll Plaza - Vehicles normally slow down at Toll Plaza - In fact Truck in question was heavily loaded - Question of driving at fast speed cannot be believed - Moreover, Alto car in question hit..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Contributory negligence - Collusion between car and lorry - Death of driver of car - Car was coming in correct side - It was lorry which went towards wrong side and collided with car of deceased and dragged the car to extreme side of road - Driver of lorry was not only reckless but also negligent in driving..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Contributory negligence - Head on collision between two vehicles - Cannot per se, be indicative of an element of contributory negligence...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Site cannot be relied upon to hold that there was contributory negligence...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Site cannot be relied upon to hold that there was contributory negligence - Site plan only depicts place where offending vehicle is ultimately found after the impact - It does not gives description as to how and where offending vehicle collided...........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Collusion between truck and car - Contributory negligence - Question of contributory negligence would arise when both parties are involved in accident due to rash and negligent driving - In the instant case, when car was following truck and no fault can be attributed to truck driver, blame must rest on driver of car..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Delay - Condonation - Delay of 74 days in filing of appeal - Period of limitation for filing appeal is 60 days - Satisfactory grounds have been furnished for delay to which personal pre-occupation of counsel also comprised a contributory factor - There is no gross negligence or deliberate inaction or..........
