Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Deceased himself was owner-cum driver of offending vehicle - Accident occurred due to rash and negligent driving of deceased - Deceased being owner of offending vehicle was not a third party within meaning of the Act - Since deceased was victim of his own action of rash and negligent driving, he..........
Railways Act, 1989, Section 124A -- Untoward incident - Where victim is entitled to compensation said incident will not fall under proviso to S.124-A of the Act merely on plea of negligence of victim as contributing factor...........
Railways Act, 1989, Section 124A -- Untoward incident - Death or injury in course of boarding or de-boarding train - Amounts to untoward incident entitling victim to compensation and it will not fall proviso to S.124-A of the Act merely on the plea of negligence of victim as contributing factor...........
Criminal Procedure Code, 1973, Section 357A, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Compensation to victim - DLSA (District Legal Services Authority) rejected application of petitioner on ground that Court which passed order of conviction and sentence has not further passed the order of compensation - Order of rejection set aside as..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 12(4), (4A) -- Compensation or other assistance to victim - There is no bar to compensation or other immediate relief being given to victim member of SC/ST as per provisions without any delay whatsoever - Even there is no dilution of any provision of SC/ST Act relating to compensation,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent or temporary disability - Compensation - Award of compensation must cover among others, the following aspects: (i) Pain, suffering and trauma resulting from accident; (ii) Loss of income including future income; (iii) inability of victim to lead a normal life together with its amenities; (iv) medical expenses..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Enhancement of compensation - 70% Disability - On account of amputation of his right leg below knee - Plea of loss of income qua disability is liable to be assessed by treating it to be a case of 100% disability - Plea held, not tenable as it is almost certain that he would not be able to work as a driver by..........
Criminal Procedure Code, 1973, Section 357A -- Victim's compensation - Murder case - State Government framed Assam Victim Compensation Scheme 2012 - Scheme provides for compensation of Rs.2 lakhs in case of death - Assam Legal Services Authority directed to pay interim compensation of Rs.2 lakhs to father of deceased...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury case - Disability - Compensation - Testimony of doctor does not make picture clear, if earlier injury sustained by victim is the reason for disability or has attributed to disability to any extent whatever - As per disability certificate, X-ray shows mal united bilateral leg, non-union left patella with 50% loss of..........
Criminal Procedure Code, 1973, Section 372 -- Proviso, 378(3), Protection of Children from Sexual Offences Act, 2012, Ss.4, 42 - Appeal against acquittal - Offence u/s 4 of POCSO Act - Appeal not maintainable in view of S.42 of POCSO Act, as offence u/s 4 of POCSO Act and S.376 and other offences under which accused are convicted are similar - However, since applicant..........
