Indian Penal Code, 1860, Section 302, 201, 120B, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Recovery of bale (ghatari) having dead body of deceased - Accused committed murder of deceased and subsequently both accused enwrapped the dead body in blanket and a bale (ghatari) was prepared - Dead body was recovered from possession of accused - Onus is..........
Indian Penal Code, 1860, Section 302, 201, 120B, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Dead body of deceased recovered from exclusive possession of accused, stands proved - Both the accused hatched criminal conspiracy to destroy the evidence by attempting to dump the dead body - Story of accidental death of deceased is not proved on record,..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Discrepancies in three dying declarations - No evidence on record that accused poured kerosene oil upon deceased and put her on fire - Presence of accused at the place of occurrence not proved by PWs - PWs being neighbours supported defence version that an accidental..........
Administrative law -- Administrative authority has inherent power to correct accidental mistakes committed by it, in ignorance of or overlooking of facts...........
Motor Vehicles Act, 1988, Section 168, 173 -- Accidental death - Contributory negligence - Merely because vehicle coming from front side has collided with vehicle insured by insurance company does not mean that it is a case of contributory negligence...........
Motor Vehicles Act, 1988, Section 168, 173 -- Accidental injury - Injury in spinal cord of a driver - Amounts to functional disability of 100% as person is not in position to perform functions of a driver...........
Motor Vehicles Act, 1988, Section 168, 173 -- Accidental injury - Both legs of claimant amputated - In such circumstances he will require assistance of attendant for whole of his life - As per conservative assessment claimant will be spending Rs.1500/- p.m. upon services of attendant, hence, claimant entitled to Rs.2,70,000/- on account of attendant for current and future..........
Motor Vehicles Act, 1988, Section 163A, 173 -- Accidental death - Liability of driver of offending vehicle - There is no evidence on record to prove negligence of driver of offending vehicle - However, claimants proved that accident happened out of use of offending truck - Hence, driver is liable to pay compensation...........
Motor Vehicles Act, 1988, Section 163A, 173 -- Accidental death - Income of deceased - No evidence on record to prove income of deceased - Income of deceased cannot be assessed less than Rs.3300/- p.m...........
Civil Procedure Code, 1908, Order 41, Rule 33, Motor Vehicles Act, 1988, Section 163A, 173 -- Accidental death - Enhancement of compensation - O.41.R.33 CPC is only for defending appeal up to the amount awarded by Tribunal and not for reduction of same...........
