Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 363, 366, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Bail - Accused was declared juvenile by JJ Board, as he was 12 years, 11 months and 5 days at the time of accident - He was in judicial custody for a period of about 2-1/2 years..........
Indian Penal Code, 1860, Section 304A -- Fatal accident - Rash and negligent driving - Accused drove the vehicle on the wrong side of road in a rash and negligent manner and dashed against the deceased - Evidence of father of deceased is corroborated with contents found in the complaint - Eye witness evidence and sketch report shows that accused went to wrong side and..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Bus plying under an agreement with the Corporation, met with an accident - It will be deemed that vehicle was transferred alongwith the insurance policy, even if it were insured at the instance of the original owner - Insurance Company is liable to pay compensation...........
Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - Accident - Collusion between motorcycle and car - Accident occurred due to rash and negligent driving of accused - Presence of eye witness/injured witness on the spot proved on record - Guilt of accused proved on record - However, since accident was not intentional, therefore, sentence awarded..........
Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Rash and negligent driving - Reduction of sentence - Incident took place i.e more than 26 years ago - Accused was on bail, throughout - Looking to the facts and circumstances of the case specially fact that 26 years have elapsed from incident, sentence of 6 months as awarded u/ss 279, 338 IPC substituted by fine..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 37 years old self employed woman - Addition of 40% future prospects thus, appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deduction towards personal and living expenses - Deceased is married and having two dependents - Deduction of 50% towards personal and living expenses - Merits interference - Deduction towards personal and living expenses to be 1/3rd...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was 37 years old at the time of accident - Multiplier of 15 is appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Total compensation - Annual income of deceased was Rs.2,55,349/- - After deducting personal and living expenses and adding future prospects, annual income is determined at Rs.2,38,326 - Multiplier of 15 is appropriate considering age of deceased - Total dependency is thus, calculated to be Rs.35,74,890..........
Indian Penal Code, 1860, Section 279, 304A, 338 -- Rash and negligent driving - Identification of driver, driving the offending vehicle at the time of accident and manner in which accident had occurred disputed - From the material placed on record by way of evidence including statements of eye witnesses and site map, it cannot be said with certainty that accident had taken..........
