Indian Penal Code, 1860, Section 304A, 288 -- Offence u/ss 304-A, 288 IPC - Quashing of FIR - Settlement entered into between accused and family of deceased - Family of deceased do not want to take any further action in said matter - Case is pending investigation and charge sheet is yet to be filed - Deceased and other persons were involved in manual labour of carrying..........
Indian Penal Code, 1860, Section 302, 506, Evidence Act, 1872, Section 32 -- Murder of wife by husband - Death by burning - Three dying declarations - Deceased stated against accused/husband only in third declaration when he was not around her - She stated that accused poured kerosene oil upon her and set her on fire, as he came on said day in drunken condition - Defence..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of carpenter - Income of carpenter can only be proved by oral evidence - Income of carpenter assessed as Rs.5,000/- per month - Adding 40% for future prospectus, deducting 1/5 for personal expenses keeping in view of large number of dependents and applying multiplier of 16, compensation works out to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was having M.tech degree and was working in one of most prestigious engineering institutes in Country - Salary of Rs.3,000 p.m would be ridiculously low - Deceased was paid consolidated fellowship, thus, finding recorded by High Court in adding fellowship of Rs.12,000 pm in..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deductions - Deceased was a bachelor - Deduction of 50% should have been made towards personal and other living expenses to compute dependency of parents - Deduction of 1/3rd annual income towards personal expenses is thus, not appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of love and affection and funeral expenses - Claimants have lost their brilliant and young son who was barely 26 years of age - This is thus, a extraordinary case - High Court rightly directed for payment of Rs.1 lakh towards loss of love and affection and funeral expenses of Rs.25,000 - Total quantum..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Amputation of left leg - Compensation of Rs.11.36 lakhs awarded by Tribunal reduced by High Court to Rs.9.36 lakhs - High Court did not assign any reason to reduce compensation - Compensation by Tribunal is just - That apart appellant is entitled to 25% addition in view of fact that he was self employed...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Bachelor - Multiplier has to be applied on basis of age of deceased and not on basis of age of dependents...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier in case of bachelor - Deceased was 21 years old at the time of accident - Multiplier of 18 thus, applicable as per Sarla Verma case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Notional income of deceased - Deceased a bachelor was 21 years old at the time of accident - Deceased was a trained swimmer who had won several State-level competitions - Mother of deceased runs a swimming/Gym center - Deceased therefore, certainly had potential to earn a living by utilizing his skills - It..........
