Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Permanent disability - Appellant was self employed Aluminum fabricator - Doctor while assessing disability as 63% in terms of loss of earning, observed that appellant has severe difficulty in squatting and climbing stairs - Movement of right dominant hand of appellant reduced by 35% - Appellant is unable to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Physical disability - Physical disability of appellant was proved by evidence of a doctor, who indicated 80% disability with respect to his amputated leg and 10% disability insofar as deformed right hand - Doctor had clearly deposed that stump of right leg was also deformed and there was no possibility of using an..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Non-explanation of injuries on persons of accused - Accused had received injuries on their body but no cross FIR was lodged by them - They got themselves medically examined after five days of incident - However, all the injured accused were medically examined by Government Doctor - Said injury reports were neither..........
Indian Penal Code, 1860, Section 364, 376 -- Abduction and rape - Entire story as narrated by victims is full of holes and it raises a grave suspicion which qualifies as reasonable doubt - Nobody examined from matrimonial house to speak on the victims having left their residence without informing their in-laws or their husbands - Doctor who examined victims, deposed that..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Medical examination report completely corroborates the history of rape as stated by victim - Absence of any spermatozoa in vaginal swab cannot alone belie prosecution story of rape - Nothing is found from evidences of doctor and witnesses to raise a..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Death of patient - Compensation - There is ample evidences as well as records to indicate that there was indeed medical negligence on the part of Hospital and doctor/respondent No.2 - Deceased was 27 years of age at the time of his death - He was a B.Tech graduate and was working in a soap factory - NCDRC..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Neither did respondent No.1 and co-respondents nor so-called attending doctor of respondent No.1 stepped into witness box to prove that respondent no.1 was ill - Assuming that respondent No.1 was so sick which prevented him from..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Percentage of disability - Injured was an agriculturist - However, on account of disability his functioning would have been certainly affected and reduced in doing work relating to agriculture - In the case where disability of both lower and upper limb, High Court without any reason or ground reduced the percentage of..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - Gun shot injury - Seven empty cartridges were recovered lying at different places on the spot and were taken into possession - Doctor who had examined the injuries of PW2 stated that he had suffered four injury wounds, two each on the right and left thighs - Injuries were grievous in..........
Indian Penal Code, 1860, Section 307, 326 -- Nature of offence - No evidence or material on record to show that prior to occurrence, petitioner had intention to cause death of injured - There was only one blow - Recovery of iron Rod not proved - Prosecution failed to demonstrate requisite intention to cause death - Evidence of PW1, injured, doctor and medical grounds..........
