Indian Penal Code, 1860, Section 279, 304A -- Rash and negligence driving - Death of 7 years old child - No witness has asserted that driver was operating his jeep rashly or negligently - Parents of child/deceased were pre-occupied in alighting the truck and unloading their luggage leaving them no control over activities of child - In such circumstances, since the numerous..........
Indian Penal Code, 1860, Section 304A, 337, 338 -- Death by rash and negligent driving - Incident occurred due to breakage of pin attached in between the tractor and trailer, trailer was separated from tractor which resulted into the incident - No evidence on record that there is negligence on the part of driver for damage of pin - Opinion regarding mechanical defect of..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Occurrence took place in the night and lights of both the vehicles were broken and there was no source of light - It is thus, highly improbable that driver of other vehicle could identify driver of erring vehicle in the night - Driver of erring vehicle fled away from the spot - No..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Discrepancies about the manner in which accident happened - Accident happened is not disputed - It is not the case of insurer that there was any negligence on the part of driver of car - Even, it is not the case of insurer that any of general or specific exceptions in the policy of insurance apply..........
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,..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Theft of vehicle - FIR was registered after the incident of theft and intimation was also given to insurance company - There was thus, no breach of condition No.1 - However, since driver of vehicle was negligent in leaving vehicle unattended with the key in the ignition, there is breach of..........
Workmen's Compensation Act, 1923, Section 3 -- Accident - Compensation - Deceased was a truck driver and has four dependents at the time of his demise in the year 2011 - Income of deceased @ Rs.6000 p.m as claimed by his wife cannot be construed as excessive - Moreover, no challenge is made to this fact - Compensation thus, have to be redetermined by construing income of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25 -- Contraband - Recovery effected from truck - Accused was neither arrested on the spot nor he was in the truck at the relevant time - He was arrested merely on the ground that he is registered owner of truck - No material produced against accused by prosecution to discharge initial burden to prove that..........
Indian Penal Code, 1860, Section 376(1) -- Rape - Victim stated that when she was sitting on front seat of car, driver of vehicle committed rape on her - However, without consent applying force on woman that too when she was sitting on front seat of car is manually and physically not practicable, particularly when there were several persons in the garden and other persons..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1)(A), 27(2) -- Murder - Gunshot injury - Testimony of sole eye witness/PW3 is not free from embellishments, nor is corroborated by any other evidence - Auto rickshaw driver who took deceased to hospital has not been examined in Court - Prosecution is not able to link weapon with accused - There was no..........
