Motor Vehicles Act, 1988, Section 166 -- Accident - Collusion between truck and car - Five passengers including driver of car died - Contributory negligence - Accident took place at Toll Plaza - Vehicles normally slow down at Toll Plaza - In fact Truck in question was heavily loaded - Question of driving at fast speed cannot be believed - Moreover, Alto car in question hit..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Compensation - Enhancement - Admittedly, joint elbow was amputated and injury was said to be 95% - Although, injury said to be 50% qua entire body, the fact remain that said injury being a permanent injury will render child incapable of applying or joining various professions and his choice of profession shall be..........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - PW2, only eye witness to the incident stated that vehicle was not driven at a speed - Prosecution not stated that vehicle in question was being driven on a public road - Even story of prosecution of rashness also becomes doubtful - However, post mortem report of deceased shows that..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Fake licence - No person will have expertise to know as to whether driving licence is fake or not - Even a person with reasonable knowledge and education will not be able to find out the difference between fake and a genuine driving licence...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Fake licence - Liability of owner - Licence issued by Licensing Authority was fake - However, same licence renewed by another DTO for 6 times after following due procedure - Owner of vehicle employed driver on basis of renewed driving licence by Appropriate Authority - Employer cannot be blamed for employing driver...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Post mortem report - Cause of death was accidental and not suicidal as per post mortem report - Said fact is further corroborated from plastic flap, which I.O had collected as evidence from the spot, where dead body was lying - Said plastic flap was of some vehicle, and it had scratches on it and its locks had..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability - Amputation of right hand - Compensation - Appellant was a fruit seller on a hand cart - Right hand of appellant was crushed in bus accident, which substantially affecting his business - Award of Rs.2.5 lakhs cannot be held to be just and reasonable compensation - Amputation of right hand has caused..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability - Compensation - Enhancement of - Appellant confined his claim to Rs.3 lakhs due to reason that he was unable to deposit Court fee on Rs.9,05,000 - However, appellant expressly stated that if it is entitled to get more than Rs.3 lakhs, he is ready to deposit deficient Court fee - This clearly means..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Compensation - Age of deceased was 15 years and he was a student and helping his parents to do agriculture work - Tribunal granted lump-sum of Rs.15 lakhs - Amount granted not on higher side as incident is of 2017 and deceased was helping hand in cultivating of agriculture land - Moreover, minimum wages per day of..........
Legal Services Authorities Act, 1987, Section 22C -- Accidental death Repudiation of claim - Group Insurance Policy - Taken by respondent no.2 for its members/kissan credit card holders - Permanent Lok Adalat awarded Rs.5 lacs to respondent no.1 - IRDA issued a circular and cautioned all insurance companies to desist from rejecting genuine claims in case of delay in..........
