Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses corroborating with each other and also corroborated with PW15/autopsy surgeon and FIR - PW15 stated that injuries on person of deceased are sufficient in ordinary course of nature to cause death of a person - It is proved from testimonies of witnesses including eye witnesses that accused attempted..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of minor - Compensation - Loss of a human life untimely at childhood can never be measured in terms of loss of earning or monetary loss alone - Emotional attachments involved to loss of child can have a devastating effect on family which needs to be visualized and understood...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of mother and daughter - Compensation - Contributory negligence - Deceased were travelling in a horse cart along with other passengers to a religious congregation - Neither deceased no.1 was driving horse cart nor was owner of same - Deceased were travelling as passengers along with others - No fault can be..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of mother and daughter - Compensation - Notional income of mother who is 30 years old is held to be Rs.5000 pm at the time of death - Compensation on that basis with a deduction of 1/4th towards personal expenses with multiplier of 17 is assessed - Future prospects @ 40% in addition to loss of consortium and future..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Income of deceased as reflected from ITRs filed prior to death of deceased is approximately Rs.1 lakh p.a - Considering this as basis for computing compensation payable to claimants and keeping in view the fact that deceased left behind five dependents and payment of compensation under conventional..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Death of accused - Legal heirs or near relatives cannot be impleaded as accused in criminal case, when accused dies unless the statute prescribes so...........
Limitation Act, 1963, Article 137 -- Will - Probate - Limitation - Starting point - Time starts running from date when right to apply accrues - Right to apply accrues not from date of death of testator but from which dispute arises or when it becomes necessary to apply for grant of probate, as there is no outer limit for filing an application for probate...........
Succession Act, 1925, Section 276 -- Will - Probate - There is no outer limit for filing an application for probate viz.: (i) date of death of testator cannot fix executor with a simultaneous obligation to apply for probate as it may not be possible for executor to know of testator's death in every case; (ii) in an application for grant of probate, no right is claimed by..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Pleading and proof - Claimant need not plead or establish that death in respect of which claim was made was due to any negligence or default of owner of vehicle or of any other person...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - It is not relevant that person insured must be driver of vehicle but may well have been riding with somebody else driving a vehicle which resulted in death of person driving the vehicle...........
