Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of insurance Company - Offending vehicle deviated from prescribed route as per permit granted by State Transportation authority and did not have permit to enter the city where accident took place - Insurance company rightly directed to pay the amount and recover the same from owner of offending..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband failed to pay interim maintenance - Mere filing of an appeal or revision does not in itself operate as a stay or justify deferment of maintenance payable to wife and children...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of grandson - Specific recital in transfer deed that transfer is subject to condition of maintaining senior citizen - But, not even a single instance has been pointed out in application that respondent No.5 who used to maintain senior citizen now stopped..........
Employees Compensation Act, 1923, Section 3, 19 -- Compensation - Liability of insurance company - Commissioner would have power to make insurer jointly and severally liable with employer to pay compensation if same falls within scope of contract of insurance...........
Employees Compensation Act, 1923, Section 3, 19 -- Compensation - Liability of insurance company - Insurer has undertaken the liability to indemnify insured/employer and has not contracted out of his liability - There was no dispute regarding liability of insurance company under the contract of insurance - Therefore there was no justification for High Court to modify order..........
Railways Act, 1989, Section 124A -- Accident - Untoward incident - Compensation - Deceased died due to injuries sustained on account of fall from train - Initial burden which is cast on claimants to prove that deceased had travelled in train has been discharged by sworn statement made by wife of deceased - Death of deceased would fall within the purview of expression..........
Court Fees Act, 1870, Section 7(ivA) -- Ad valorem Court fee - Suit for cancellation of sale deeds - Plaintiff valued the suit on basis of consideration mentioned in sale deeds, which is erroneous, because market value of property involved in sale deeds is to be considered on the date of filing of suit - But trial Court has ignored this fact - Trial Court is directed to..........
Indian Penal Code, 1860, Section 354, 457 -- Offence u/ss 354, 457 IPC - Sentence - Incident had taken place in the year 2008 - Considering age of accused and chances of reformation, sentence imposed on accused is on a higher side - Petitioner can be ordered to undergo R.I. for a period of three months and to pay a fine of Rs.10,000 u/s 457 IPC and in case of default to..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Principle of pay and recover is adopted even in case of no valid licence...........
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..........
