Motor Vehicles Act, 1988, Section 149(2), 166, 173 -- Rash and negligent driving - Fatal accident - Compensation - Deceased sitting in tempo died due to collusion with truck - Tempo driven on a non permit route could only be raised by insurance company against owner of truck - Insurer of truck which caused accident was rightly held responsible after duly appreciating the..........
Motor Vehicles Act, 1988, Section 149(2), 166, 173 -- Accident - Compensation - Pecuniary advantage - Compassionate appointment - Salary received pursuant to compassionate appointment cannot be covered within the meaning of pecuniary advantage when compensation is sought under Motor Vehicle Act under the head of statutory liability...........
Service -- Compassionate appointment - Compassionate appointment is basically a way out for family which is financially in difficulties on account of death of bread earner - It is not an avenue for a regular employment as such - This is in fact an exception to provisions under Art.16 of Constitution - That being so, if an employer points out that financial arrangement..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused allegedly killed his brother and mother - Accused entered and exited quarter of deceased through an exit hole of bathroom and door of room in which deceased were found dead was closed from inside - Such entry was likely by that person who was well familiar with place of incident - Chain worn..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Salary receivable by the claimant on compassionate appointment - Any amount received on such appointment not liable for deduction for determination of compensation under the Act...........
Right to Information Act, 2005, Section 7, 20, Constitution of India, 1950, Article 226 -- Non-supply of information - Requisite information with respect to compassionate appointments made on behalf of bank during relevant period has already been supplied to appellant - Held, there was no genuine cause for him to make a complaint to Commission alleging disobedience of its..........
Service -- Compassionate Appointment - Application be made within stipulated time regardless whether there was vacancy already available or likely to become available in near or distant future...........
Service -- Compassionate appointment - Application made within limitation as prescribed - Candidate satisfying other conditions stipulated in Government Order - High Court justified in granting relief...........
Service -- Compassionate Appointment - Application in substance conveying request and providing necessary information - However, prescribed format not followed - Application not deficient in disclosing information essential for consideration of prayer - It is the substance not the form of application that matters - Not a good reason to turn down the request...........
Service -- Compassionate Appointment - Delay of more than 14 years - Held, such delay could itself prove fatal to prayer for compassionate appointment...........