Indian Penal Code, 1860, Section 279, 337, 201 -- Accident - Rash and negligent driving - Accused driving vehicle in high speed is the only evidence on record - I.O stated that there were 10-15 persons on the spot and out of those, no person was examined by him - Complainant specifically admitted that after the accident he fell unconscious and wife of complainant though..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Compassionate appointment of wife of deceased by a person other than the owner of offending vehicle - Salary received by wife not deductible from the amount of compensation...........
Criminal Procedure Code, 1973, Section 91 -- Summoning of documents - Case of disproportionate assets - Petitioner prayed for summoning documents in regard to pay, loan etc. - Matter is fixed for recording of statement of I.O - As many as 55 witnesses have been examined - CBI has produced the details of amount received by petitioner including his salary and income, PF..........
Motor Vehicles Act, 1988, Section 147, 149 -- Accident - Liability of insurer - Breach of policy condition - Offending vehicle/insured having no valid license at the time of accident - Insurer would be directed to satisfy the enhanced award and thereafter would be at liberty to recover the same from the owner of offending vehicle...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Claimant failed to prove that he was an employee of respondent - Claimant did not summon his employer but chose to take that chance probably he would not have supported him - Onus was heavy upon claimant and he was to prove that owner was employer - Since claimant had failed to prove his employment, it..........
Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Compensation - Claim petition could not treated to have been filed u/S.166 of Act as claimant failed to furnish details of vehicle involved - Claimant had held back DDR and presumption is that it would not have supported plea raised by him - Appeal dismissed...........
Motor Vehicles Act, 1988, Section 147, 166 -- Accident - Rash and negligent driving - Liability of insurer of offending vehicle - Insurer of offending vehicle not liable to pay compensation to claimants, where the deceased were travelling as "gratuitous passengers" in the offending vehicle - Insurance company directed to pay compensation since offending vehicle found..........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 379, 411 -- Two FIRs - Same offence - Quashing of second FIR - Theft - Accused facing criminal proceedings with regard to theft of vehicle u/s 379 IPC - He cannot be tried in second FIR u/s 411 IPC with regard to same vehicle as it amounts to double jeopardy - Second FIR quashed...........
Employee's Compensation Act, 1923, Section 3, 30 -- Compensation - Respondent who was owner of vehicle admitted factum of accident as well as employment of deceased and that vehicle was insured under policy, which was valid - Thus stand of insurance company that there was no relationship of employer-employee in view of fact that there is no denial by employer is not..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 184 -- Rash and negligent driving - Vehicle driven at high speed - By itself not a factor to determine the rashness or negligence without judging the situation in which driver had been placed...........
