Workmen's Compensation Act, 1923, Section 3 -- Accident - Compensation - Multiplier - Deceased was 22 years old at the time of his accidental death - Multiplier of 221.37 is thus, appropriate...........
Workmen's Compensation Act, 1923, Section 3 -- Accident - Compensation - Deceased was a truck driver and has four dependents at the time of his demise in the year 2011 - Income of deceased @ Rs.6000 p.m as claimed by his wife cannot be construed as excessive - Moreover, no challenge is made to this fact - Compensation thus, have to be redetermined by construing income of..........
Railways Act, 1989, Section 123, 124A -- Accident - Untoward incident - Compensation - Deceased who procured a valid ticket fell down from running train due to heavy crowd in compartment and jolting of train - Initial burden that deceased was having a valid ticket has been discharged shifting onus on Railway Administration to disprove the said fact - Railway Administration..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Damage to machinery - Fire accident occurred during subsistence of policy - Said accident had caused damage to property of appellants including the machinery in question - Report of surveyor shows that fire brigade was called and water was sprayed over machinery which caused damage to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304A -- Bail - Rash and negligent driving - Accused who is doctor by profession, drove his car after consuming alcohol causing an accident which resulted in death of a person, a pregnant woman suffering miscarriage coupled with injuries to several persons - Argument with regard to vehicle getting..........
Indian Penal Code, 1860, Section 304A, 279, 338 -- Rash and negligent driving - Panch witness/PW4 has not stated that driver of offending vehicle was driving vehicle in a rash and negligent manner at the time of accident - Other panch witness/PW5 not supported prosecution case - No oral and documentary evidence available on record that accused was driving the offending..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 95% permanent disability - Future medical expenses - Appellant `A' suffered 95% disability and would require physiotherapy services throughout his life - Compensation awarded by High Court at Rs.3 lakhs appears to be less - Since the multiplier applied is 18, therefore charges for future medical expenses would come to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 95% permanent disability - Attendant charges - Appellant `A' because of his medical condition cannot walk on his own and would therefore require an attendant all his life - Applying multiplier of 18, an amount of Rs.10,80,000/- would be just and proper compensation for attendant charges...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability - Claim for conveyance - Appellant `A' suffered 95% permanent disability and appellant `S' suffered 70% disability - They would require extra use of transportation even for going to short distances - It would be just and proper to award Rs.50,000/- and Rs.25,000/- to Appellants `A' and `S'..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability - Claim for pain and sufferings - Compensation for pain and sufferings has to be commensurate to the nature of suffering and pain, its extent, length and duration - Amount of Rs.5 lakhs appears to be just for appellant `A' and Rs.2,50,000 to appellant `S'...........
