Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Compensation awarded to husband on account of disability suffered in a motor accident - S.125 Cr.P.C cannot be construed to mean that it casts an obligation on person to pay maintenance to his wife and children out of compensation awarded to husband for disability suffered in a motor accident...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 23 years of age at the time of accident and was self employed - An addition of 40% of established income is required to be provided in view of decision in Praney Sethi case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 23 years of age at the time of accident - 4 persons were depended upon deceased - Multiplier of 18 would be appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement - Taking into account the income, future prospectus, multiplier, deduction towards personal expenses, loss of income to claimants, amount awarded by Tribunal as Rs.2,88,000/- - Claimants entitled to further amount of Rs.1,20,240 - Since the parents of deceased had expired and claimants are only..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of future earning - Deceased was a student studying in School - He was not doing any job or in any vocation and thus, not earning anything - Loss of future earning is to be assessed on the basis of career prospect and likely earning of such a person in future...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of future earning - Deceased belongs to a family of lawyers, as both of his parents were senior lawyers practicing in Supreme Court - Having regard to affluent family background, deceased was studying in prestigious Modern School - Such circumstances indicate that deceased had a bright future - Loss of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Disability - Initially, 45% permanent partial disablement was certified by PW1, which later on certified as 50% by PW2 after 2-1/2 years of incident - Tribunal assessed the same as 95%, without any basis and reason to sum up the percentage of disablement stated by 2 doctors and to take it to be a case of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claimant suggested that he had suffered injuries to his private parts at the age of 25 years, such injuries resulted in his inability to have bliss of marital life - He expired during pendency of present appeal and his legal representatives being his wife, three children and mother falsify his suggestions..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Strict standard of proof beyond all reasonable doubt is not followed in cases arising out of motor vehicle accidents - Standard of proof must be preponderance of probability...........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Death of driver of motorcycle - Compensation - Testimony of eye witness - Inability of witness to identify age of pillion rider cannot per se be a militating factor to discard his entire version, particularly when presence of witness at the time and place of accident remained unshaken and including his deposition..........
