Indian Penal Code, 1860, Section 323, 324, 148, 149 -- Offence u/ss 323, 324, 148, 149 IPC - Accused persons were members of unlawful assemblies, armed with deadly 19 weapons such as iron rods, knives, sticks, and lathis, and had voluntarily caused hurt to victims - Material on record including seizure memos, medical reports and eyewitness testimonies, support conclusion..........
Indian Penal Code, 1860, Section 307, 324, 149 -- Attempt to murder - Trial Court, after meticulous evaluation of medical evidence including testimony of doctors and nature of injuries, has specifically concluded that though weapons were dangerous and injuries were serious, there was no direct attempt or intent to commit murder - Conviction u/ss 324, 149 IPC upheld...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of claimant - Appellant was a final year B.Com student who had also enrolled with Institute of Chartered Accountants at the time of accident - Even if he had not obtained certificate as a Chartered Accountant upon graduation, he could have been employed as an Accountant, who would..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Medical expenses - Insurance Company also liable to pay Rs.20 lakhs as future medical expenses incurred by parents of victim which shall not carry any interest if paid within a period of four months, but on failure to pay within the stipulated time same shall carry interest @ 9% from the date of this..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Keeping in view the income of petitioner, loss of use of lower limbs, medical expenses, attendant charges, head of pain and suffering, loss of amenities, transport expenses and other heads under which he is entitled to compensation, total compensation @ Rs.24,86,500, awarded...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view the age of injured 45 years at the time of accident, Rs.9,000 monthly income, multiplier of 11, 100% disablement suffered by injured and enhanced amount of Rs.5,52,095 as awarded by High Court for mental agony, pain and suffering, nourishment, transportation and medical expenses,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Functional disability - Appellant suffered head injury with blood clot in brain and having blurry vision in left eye resulting in permanent disability of 40.70% as per medical examination by doctors - Disability determined as 40.70% as assessed by the doctor...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Prior enmity between appellant No.1 and deceased over measurement of agricultural fields - Accused persons though have knowledge that injuries would cause death of deceased but there is no material on record to show that they had intention to kill them - Medical evidence shows that all the three..........
Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Murder - Medical evidence - Medical evidence presented is inconsistent with prosecution's narrative - Doctor/PW18 opined that deceased might have died due to excessive bleeding resulting from a fracture of left hip bone - However, prosecution has failed to produce any medical document or hospital record..........
Indian Penal Code, 1860, Section 302, 323, 341, 147, 148, 149 -- Murder - Identification of accused - Absence of critical information regarding identification of accused especially when the incident occurred at night renders the prosecution's case doubtful - FIR and testimonies of witnesses during trial exhibit material contradictions - Medical evidence presented is..........
