Employee's Compensation Act, 1923, Section 3 -- Fatal accident - Compensation - Doctrine of notional extension - Deceased died due to slipping in canal where he had gone to fetch water and also to have bath during course of employment - He was driving employer's truck and in the course of journey he required water to prevent overheating - Every action of driver of a truck..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, 337, 338, 201, Motor Vehicles Act, 1988, Section 187, 181, 196 -- Quashing of FIR - Accident - Compromise arrived at between parties and is genuine - Complainant has no objection if FIR is quashed and accused is acquitted from charges framed against him - High Court has inherent power to..........
Motor Vehicles Act, 1988, Section 149 -- Fatal accident - Liability of insurance company - Insurance company repudiated claim of complainant on the ground that at the time of accident driver of complainant had no valid driving license - However, complainant had employed driver after checking his driving license - Driving license was purported to have been issued by..........
Employee's Compensation Act, 1923, Section 4A -- Compensation - Obligation to pay compensation arises on date of accident - Where an employer disputes quantum of compensation payable, it is enjoined to make provisional payment to Commissioner or employee pending settlement of claim - This is in order to ensure that an employer doesn't escape its obligation to make good..........
Employee's Compensation Act, 1923, Section 4 -- Accident - Compensation - Abrupt heart attack (without history of earlier disease) during employment - Construes character of accident under the Act and that claimants entitled to compensation...........
Railways Act, 1989, Section 4 -- Accident - Untoward incident - Death - Grant of compensation - Without grant of interest - Case squarely covered with observation made by Supreme Court in `Union of India Vs Rina Devi' - Interest granted @ 7% p.a. on the awarded amount from the date of accident till date of realisation of compensation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Damages can be pecuniary as well as no, pecuniary but have to be assessed in Rupees and Paise...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Multiplier system should be followed not only for determining compensation on account of loss of income but also for determining attendant charges etc...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - When compensation is awarded in lump sum, various factors are taken into consideration - When compensation is paid in lump sum, Court has always followed multiplier system...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% physical disability - Compensation - Medical treatment and transport - Girl aged about 12 years suffered serious injuries resulting in damage to her brain - She was in hospital for almost 51 days - Some of bills have been excluded by Courts below only on the ground that name of patient is not written on the bill -..........
