Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claimants have established their case that it was the truck which was involved in the accident with car wherein deceased was travelling - Specific plea of collusion as set up by insurance company not established - Death of deceased thus, caused by driving of truck by respondent no.2 in a rash and negligent..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Modification of sentence - Incident is of the year 2013 - Eleven years have elapsed since incident occurred - Appellant is on bail throughout - He has deposited Rs.1 lakh to be payable to mother of deceased who is the sole legal heir - Conviction upheld - However, sentence of 3 months S.I. and also..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - One person died in the accident and two persons sustained grievous injuries - Petitioner drove the offending vehicle violating one way traffic rules and dashed on the auto rickshaw in which deceased was travelling - Vehicle driven by petitioner was in high speed and it came in a reckless..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Reduction of sentence - Petitioner is having his aged mother and unmarried daughter aged 24 years as dependents - No criminal antecedents is reported against petitioner - Substantive sentence reduced to some extent - Direction issued...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband undermining his income to avoid paying maintenance of appropriate amount to wife - Courts below have rightly taken into account that income of husband dipped around the time of filing of complaint and thus, guessed his income on the basis of partnership business and other..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Accused was 52 years of age at the time of accident - Statement given by PW6 before police with regard to mini lorry driver being an elderly person and his subsequent testimony before trial Court therefore is not found to be so significantly different, which might amount to contradiction -..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Sentence - Accused was arrested on 10.5.2024 and by now he has been in custody for about 117 days - Sentence of accused modified to period already undergone by him - However, considering the fact that accused is a poor person and is now aged about 69 years having several medical issues,..........
Indian Penal Code, 1860, Section 498A, 406, 504, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cruelty - Specific and categoric roles are attributed to each accused independently and collectively - Sole aim of accused appears to be to extort money from complainant and her parents, as even after driving her out of matrimonial home, they have..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Material on record shows that soon after the incident, without attending the injured, accused ran away from the spot - It is the other inmates who have shifted the injured to the hospital and injured succumbed to injuries next day of the incident - In the absence of any explanation offered by..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - PW18, one of victim of mishap stated that accused/bus driver drove the bus speedily despite knowing the bus was overloaded with passengers, resulting in its turning over - Victim denied the defence version that accident occurred due to sudden coming over of a stray animal on the road - Police..........
