Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Death of cyclist - Tanker turned turtle after hitting the bicycle - Even accused himself was pulled out from cabin of tanker - Held, these circumstances warrant an inference that accused drove tanker rash and negligently - Accused convicted and sentenced to one year and to pay a fine of Rs.10, 000/- - No..........
Railways Act, 1989, Section 124(A) -- Passenger in the train with a valid ticket standing at the open door of the compartment - Fell down due to his own negligence - Claim petition - Compensation can be denied if death takes place due to criminal act of deceased - Criminal act must have an element of malicious intent or mens rea - Standing at the open door of a running..........
Criminal Procedure Code, 1973, Section 204, 206 -- Petitioner came on scooter in a rash and negligent manner after consuming liquor and did not stop when ASI signaled him to stop - Offence committed not a petty offence - Notice issued by Sub Inspector to petitioner asking him to appear before the Magistrate - Notice issued on the basis of Govt. circular which itself was..........
Indian Penal Code, 1860, Section 304A, 279 -- Death due to rash and negligent driving in public place - Accused, by driving his scooter in a rash and negligent manner, dashed against four years old boy and thereby caused serious injuries to him - Boy subsequently succumbed to injuries - Accused took plea that accident occurred due to bursting of tyre of scooter - Held,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - Death of truck driver as truck turned turtle - Insurance company contended that driver of the truck himself was rash and negligent and hence proceedings could not be taken under Motor Vehicles Act - Held, if a driver or his representative proceeds under the Motor Vehicles Act, which by virtue of an option..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Plea that FIR not got registered by claimant or PW1 - FIR proved though not by its author - Finding of Tribunal not recorded on the basis of FIR but was decided on the basis of evidence of PW2 an eye witness - Factum of accident not disputed by appellant as it is his case that accident was due to rash and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Accident due to rash and negligent driving - Rash and negligence driving of both - Death of two persons - Plea of bus driver denying his negligence, rejected - Bus driver cannot escape his liability merely on ground that car driver was negligent when it was proved that bus after hitting the car, turned and..........
Medical negligence -- A patient conceived about one year after the sterilization operation - Patient signed consent letter before operation - She was duly explained about the consequences as also the chances of failure of operation and the risk involved therein - Held, there was no negligence on the part of doctor to constitute medical negligence - To constitute negligence..........
Motor Vehicles Act, 1988, Section 166, 173 -- Accident - Compensation - Bus driven in a rash and negligent manner, without blowing horn, hit the scooter from behind - Death of scooterist on spot - Pillion rider fell down and sustained injuries - Tribunal awarded compensation of Rs.4 lacs - High Court reduced compensation to Rs.75, 000/- by holding that possibility is that..........
Indian Penal Code, 1860, Section 279, 338, 304A -- Rash and negligent driving - Driver of bus while overtaking bullock cart hit the two wheeler coming from the opposite direction causing injury to both rider and pillion rider - Suggestion to eye witness in cross examination that since bullock cart was going ahead of bus, as such rider of motor cycle could not see bus -..........
