Service -- Dismissal - Misconduct - Accident due to drunken driving - Employee driving truck carrying P.A.C personnel under influence of alcohol proved - Such misconduct of driving vehicle under influence of alcohol and playing with life of others is a very serious misconduct - However, considering statement of employee that he consumed alcohol after accident with..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of amenities, joy and pain/sufferings - Claimant suffered permanent partial disability and prolonged hospitalization - Various operations of claimant were performed - Rs.50,000/- awarded towards loss of amenities, joy and Rs.50,000/- towards pain/sufferings is on lower side - Rs.3,00,000/- awarded..........
Rent and eviction -- Eviction petition - Bona fide requirement - Premises in question have been in the occupation of tenant for more than 30 years - Landlord suffered an accident and he genuinely wanted his son to be settled in business - Need pleaded by landlord was found to be genuine - Tenant evicted...........
Service -- Dismissal - Misconduct - Respondent was driving the vehicle in such a great speed and rashly due to which accident occurred in which four persons died - Misconduct in disciplinary proceedings established and proved - Punishment of dismissal challenged solely on the ground that same is shockingly disproportionate - However, punishment cannot be said to be..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Amputation of right leg - Loss of amenities and pain and sufferings - Appellant was required to take treatment as in-patient from 22.7.2010 to 2.9.2010 - High Court committed grave error in awarding Rs.50,000 only towards pain and sufferings and Rs.70,000 towards loss of amenities - Claimant is entitled to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Award of Tribunal - Supreme Court by interim order stayed award on the condition that Insurance Company deposits the entire amount as awarded by Tribunal and that claimants shall not be permitted to withdraw the same unless permitted by Supreme Court - Plea of Insurance company that there was no contract of insurance -..........
Indian Penal Code, 1860, Section 302, 307, 120B, Evidence Act, 1872, Section 8 -- Double murder case - Motive - Prosecution stated that there was a motive for co-accused and accused to eliminate deceased, as it is deceased who had gotten son of co-accused killed in an accident - However, this fact has not been narrated either by son of deceased nor by nephew of deceased -..........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - Father of deceased and eye witness proved that accused was driving tractor-trolley in a rash and negligent manner and on the account of which deceased fallen from said vehicle and died because of vehicle running over him - Medical evidence supported prosecution case - I.O. along..........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - Reduction of sentence - Incident is of year 2012 - Accused never misused the concession of bail granted to him - He is 28 years of age and he is the sole bread winner of family - Accused has already undergone 1 month 4 days of actual custody and has earned no remission - Sentence..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was working as supervisor and his salary was Rs.15,000/- p.m - PWs stated that income of deceased at the time of his death was Rs.15,000/- p.m - Tribunal rightly assessed income of deceased at Rs.15,000/-...........
