Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Death of two persons - Prosecution proved rash and negligent driving of offending bus by accused at the time of accident - Sentence of R.I of 2 years as awarded to accused by Court below calls no interference...........
Motor Vehicles Act, 1988, Section 147, 149 -- Accident - Liability of insurance company - Fake driving licence - If owner was aware of fact that licence was fake and still permitted driver to drive vehicle, then insurer would stand absolved - However, the mere fact that driving licence is fake, per se, would not absolve the insurer...........
Motor Vehicles Act, 1988, Section 147, 149 -- Accident - Liability of insurance company - Fake driving licence - However, neither Tribunal nor High Court bothered to analyse pleadings and evidence adduced by parties on the issue as to whether owner was aware of fake driving licence possessed by driver - Mere fact that driving licence is fake per se, would not absolve..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of deceased - Accused aged about 38 years, in business of selling desi ghee and namkin bhujiya at the time of accident - Assessment of income by MACT @ Rs.1200 p.m is on lower side - Taking a realistic view, income should have been assessed @ Rs.2,500 p.m having due regard to nature of business,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Multiplier - Deceased was 38 years of age at the time of accident - Multiplier of 16 would be appropriate - Further, an amount of 40% is required to be added towards future prospects in view of Pranay Sethi case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view the age, income and various heads under which compensation is awarded, total compensation of Rs.5,23,000 awarded to claimants with 9% interest p.a...........
Motor Vehicles Act, 1988, Section 149 -- Accident - Insurer directed to pay and recover from owner - For that insurer is not required to file a suit - It may initiate a proceeding before concerned Executing Court as if dispute between insurer and owner was subject matter of determination before Tribunal and issue is decided against owner and in favour of insurer...........
Motor Vehicles Act, 1988, Section 149 -- Accident - Liability of insurer - Pay and recover - Offending vehicle driven negligently due to which door of vehicle suddenly opened and deceased was thrown out of vehicle, as a result of which he died - Driver of offending vehicle had no valid driving licence at the time of accident - Since there was violation of terms of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - No evidence regarding income of deceased produced by claimants - Tribunal decided notional income of deceased as Rs.3000 p.m - High Court committed error by over turning findings of Tribunal by determining notional income of deceased as Rs.10,000 p.m on the basis of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of insurance company - High Court already granted more than just compensation amount to Lrs of deceased - Question of awarding additional or further compensation amount to claimants does not arise - However, amount of compensation determined by High Court shall be first paid by Insurance Company..........
