Motor Vehicles Act, 1988, Section 166, Limitation Act, 1963, Section 5 -- Accident - Claim petition - Condonation of delay of 66 days - Dismissal of petition for delay in filing - Claimants stating that there was no responsible person to take action against award of Tribunal as they were widow and minor children of deceased - Also Tribunal passed award without examination..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proof of valid marriage - Strict standard of proof of marriage is not necessary in proceedings u/s 125 Cr.P.C. - When parties live together as husband and wife, there is presumption that they are legally married couple for claim of maintenance u/s 125 Cr.P.C. - In the instant case parties resided together..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - Judgment of criminal case is certainly not binding upon the Tribunal - Tribunal has to reach its own conclusion on the basis of evidence adduced before it - Even it is taken that eye-witness had resiled during the trial, however, if they support the case of claimants in proceedings u/s 166 of the Act,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Dismissal of claim petition - Mere recovery of broken pieces of number plate from the spot of accident may point only towards the fact that there was involvement of alleged offending vehicle - However, second limb u/s 166 of the Act that accident occurred due to rash and negligent driving of alleged offending..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Permanent disability - Plea of claimants that Tribunal erred in giving undue importance to FIR and testimony of respondent no.1 who was interested witness - Plea held, tenable as FIR cannot be taken to be substantive evidence - In the instant case, author of FIR was illiterate person who was at that time lodged..........
Motor Vehicles Act, 1988, Section 166 -- Compensation - Enhancement - High Court while enhancing compensation granted @9% interest on enhanced amount only which appears to be a mistake and in any case unjust - Claimant entitled to interest @9% p.a. on entire amount of compensation granted by High Court from date of filing of claim petition before Tribunal...........
Protection of Women From Domestic Violence Act, 2005, Section 18, 20, 22 -- Maintenance - Joint family property - Husband had a right in joint family properties - After death of husband, wife acquired such right - Since wife was not given her share in joint family properties, she has right to claim monthly maintenance from her in-laws till she gets a share in husband's..........
Civil Procedure Code, 1908, Order 20, Rule 12, Indian Contract Act, 1872, Section 73, 74 -- Mesne profits - Lease deed - Actual rate of prevailing rent - No evidence led as to what was actual rate of prevailing rent for grant of mesne profits at a rate higher than agreed rent - Lease deed in question also does not provide for a figure of Rs.48,000 p.m to be granted as..........
Motor Vehicles Act, 1988, Section 104, 100 -- Notified route - Rejection of claim seeking temporary permit on notified route - Scheme does not permit private stage carriage operator to operate its services by overlapping on notified route for more than 5 kms or 5% whichever is less of route - However, respondent sought temporary permit for route which overlap 13 km on..........
Motor Vehicles Act, 1988, Section 140 -- Fatal accident - No fault liability - Compensation - Claimants failed to substantiate factum of rash and negligent driving by driver of subject truck, thus claim petition failed u/s 166 of M.V Act - However, claimants are granted limited relief u/s 140 of the Act - Respondents jointly and severally liable to pay sum of Rs.50,000 to..........
