Motor Vehicles Act, 1988, Section 166 -- Accident - 100% functional disability - Claim for attendant charges - Appellant remained admitted in hospital for 25 days and had to undergo surgery post initial operation as well - However, considering the fact of mental disability to be suffered by appellant, who is now around 40 years old and the age of mother who is above 60..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% functional disability - Head of pain and sufferings - Appellant has become mentally unstable, having 100% functional disability - Compensation of Rs.50,000 on account of pain and suffering is on lower side and the same deserves to be enhanced to Rs.1,00,000...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% functional disability - Total compensation - Considering the age of appellant, his income, disability he suffered and claim under various heads, total compensation of Rs.52,31,000 awarded to appellant - Appellant will be entitled to get interest on the enhanced compensation at the rate of 6% as awarded by High Court...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of percentage of disability - Disability certificate issued by doctor shows that appellant suffered 50% permanent disablement and said doctor was also examined as PW2 - However, Tribunal after considering all oral and documentary evidence has taken the disability of appellant only as 25% and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that he met with an accident and because of that he is completely bed ridden - However, disability certificate relied upon by husband is a temporary certificate and same is not proved on record - Moreover, in the absence of medical report that husband is confined to bed, he cannot escape..........
Indian Penal Code, 1860, Section 376(2)(1), 511, Protection of Children from Sexual Offences Act, 2012, Section 5(k), 9, 10 -- Attempt to rape - Accused with sexual intent hugged victim girl aged about 16 to 17 years from behind and that involved physical contact without penetration - Said act of accused i.e sexual assault is aggravated sexual assault, as victim is having..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Medical evidence of 17% disability - No contra evidence available on record - Tribunal and High Court committed a serious error in not accepting medical evidence and substituting disability to 10% - Compensation awarded under head loss of income towards permanent disability deserves to be enhanced by construing the whole..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband suffers from a disability of 75% during pendency of application and submits his resignation to his employment, as he is unable to walk even - He is thus, not a able bodied man - Today, husband is wanting maintenance to himself and not in a position to pay maintenance to wife - Wife is earning, even..........
Service -- Armed service - Discharge - On the ground of suffering from HIV+ve - Appellant prematurely discharged from service on the basis of wrong diagnosis that he was suffering from AIDS defining illness - He was diagnosed with neuro tuberculosis which diagnosis was without examination by a neurologist - Respondents have deliberately tried to cover up wrong diagnosis..........
Evidence Act, 1872, Section 32 -- Dying declaration - Death by burning - Physical disability suffered by deceased on account of burn injuries sustained would not disentitle her to make statement, particularly when said statement had been made consciously knowing consequences thereof and such statement or declaration cannot be brushed aside only on the ground of burn..........
