Indian Penal Code, 1860, Section 279, 337, Motor Vehicles Act, 1988, Section 187 -- Accident - Rash and negligent driving - Collusion between bus and truck - No material on record to pinpoint the exact place, where accident had taken place - Some part of bus appeared to be lying on the road in photographs - But, site plan does not show location of these parts and distance..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Income of deceased - Deceased was a homemaker - Her direct and indirect monthly income in no circumstances could be less than wages admissible to a daily wager under Minimum Wages Act...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was a homemaker - Monthly income of deceased at the relevant time, could not be less than Rs.4000 p.m or so - However, instead of calculating compensation under different heads and also keeping in mind the fact that claimants and respondents are closely related, delinquent vehicle was not insured,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Amount received as Compassionate Assistance to Dependents of deceased Govt. employees owing to sudden death of the employee in harness for any reason whatsoever including as a result of road traffic accident has to be deducted from compensation awarded under Motor Vehicles Act...........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 185 -- Rash and negligent driving - No witness has stated on oath that vehicle was driven at a high speed - Site plan shows that there was a curve and it was not a case of a wide straight road - Vehicle had also not left the road but had turned turtle - Hence, by merely turning turtle,..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 185 -- Rash and negligent driving - No witness has stated on oath that vehicle was driven at a high speed - Site plan shows that there was a curve and it was not a case of a wide straight road - Vehicle had also not left the road but had turned turtle - Hence, by merely turning turtle,..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Compensation - Liability of insurance company - Driver of insured vehicle possessed fake driving licence at the time of accident - It is not open for insurance company to cite failure of deceased vehicle owner to get driver's driving licence checked with RTO as a reason to disclaim liability under insurance policy - Even,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Even in the absence of definite proof of income, social status of deceased is to be kept in perspective where such persons are employed in unorganized sector and notional income in any event is required to be taken into consideration...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Notional income of deceased - Deceased was working as a mechanic and had three dependents to be cared for - Since he was skilled person, daily income at Rs.200 per day in any event could have been taken even if income from jeep transport business was discarded for want of documents - More so, MACT referred..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Liability of Insurance Company - Claimant was travelling in trailer attached to tractor at the time of accident - When a tractor and trailer are involved, both tractor as well as trailer are required to be insured - As claimant was travelling in trailer which was not insured as such liability..........
