Motor Vehicles Act, 1988, Section 166, 2(11) -- Accident - Compensation - Legal representative - Mother-in-law of deceased was residing with deceased and his family members - She was dependent on deceased for shelter and maintenance - Mother-in-law may not be a legal heir of deceased, but she certainly suffered on account of his death - She is thus, a `legal..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Split multiplier - Deceased was 52 years of age at the time of accident - He was working as an Assistant Professor and getting a monthly salary of Rs.83,831 - Evidence on record shows that deceased was a meritorious man having qualifications of M.Sc. M.Phil - At the time of calculation of income, Court has..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 52 years of age at the time of accident and had a permanent job - Multiplier of 11 is thus, appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 52 years of age at the time of accident and had a permanent job - Addition of 15% of actual salary should be added towards future prospectus in view of Pranay Sethi case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view age, income of deceased, dependency of four claimants and considering various heads under which compensation is awarded, total compensation of Rs.85,81,815 held, awarded to claimants with 7.5% p.a interest from date of claim petition till date of its realization...........
Indian Penal Code, 1860, Section 304B, 34, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence Act - General and omnibus allegations regarding demand of Rs.1 lakh have been levelled by family members of deceased - No specific date, time or place has been mentioned by witnesses regarding demand of dowry or cruelty - During life time of..........
Indian Penal Code, 1860, Section 302 -- Murder - Oral testimony of PW1 and PW2 is corroborated by medical evidence - Contradictions and discrepancies in the oral testimonies of said PWs only indicate that PW1 has exaggerated some facts but testimony of both the witnesses on material points are consistent - PW1 and PW2 have seen the accused stabbing deceased and they have..........
Evidence Act, 1872, Section 32 -- Dying declaration - Murder - Deceased in injured condition had told public witnesses the name of person who stabbed him - This evidence is relevant u/s 32 of the Act and is reliable...........
Indian Penal Code, 1860, Section 302 -- Murder - Public witnesses stated that accused stabbed deceased with knife - All three public witnesses have reached at the place of occurrence, so it also appears to be natural and probable that deceased in injured condition told them the name of person who stabbed him - This evidence is relevant u/s 32 of the Act and is reliable -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 32 years of age at the time of accident and he was employed as a Senior Design Engineer in a company earning sum of Rs.45,000 pm - 50% future prospects thus, appropriate - Total compensation of Rs.50,89,960 with 9% interest p.a. from date of petition, awarded...........
