Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Provision of S.304-A IPC is application to cases where there is neither intention to cause death or knowledge that act in all probability will cause death...........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Quashing of proceedings - Offending car was being driven at such high speed that it first dashed against footpath and then collided with a milk van coming from opposite direction and then overturned - Accused was driving the vehicle at utmost high speed inspite of having knowledge that such..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Criminal conspiracy - Accused was found impersonating actual candidate/co-accused in examination center and was arrested from examination hall - Admit card issued to co-accused and driving license of co-accused were found in possession of accused - OMR sheet, question booklet and answer sheet allegedly filed by..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 41 years of age at the relevant time as per his driving license - Future prospects of deceased would be assessed considering his age at 30% of his annual income as per Pranay Sethi case - 1/4th of said amount would be deducted towards deceased's personal expenses as he was..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 38 years of age at the relevant time as per his driving licence - Future prospects of deceased would be assessed considering his age at 40% of his annual income as per Pranay Sethi case - 1/4th of said amount would be deducted towards deceased's personal expenses as he was..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Accused had the connectivity with deceased on his mobile at the material time on material date - Deceased was found in company of accused in same car by PW5 and PW6 - Driving license of accused was found near dead body of deceased - Dead body of deceased was identified by PW10 and accused having been found dealing with..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of dependency - Deceased were having valid driving license and were working as drivers - Income of deceased thus considered at least Rs.10,000 p.m and by adding 40% towards future prospects and thereafter deducting 1/3rd towards personal expenses and by applying appropriate multiplier, claimants held,..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Demand towards share in agricultural land or monetary relief from father - Demand cannot be said to be made with the intention of driving father to commit suicide...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Direction to Insurance Company to recover awarded amount from owner - Owner stated that driver produced driving license from Nagalnad - However, driving license actually produced by claimant themselves from Una (H.P.) - Owner of vehicle is expected to verify the driving skills and not run to the licensing..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Identity of accused and vehicle in question have been duly established from statements of eye witnesses - Offending vehicle was driven by accused - Occurrence took place due to rash and negligence driving of accused leading to death of deceased which is proved - Accused rightly convicted - However,..........
