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DELHI HIGH COURT
I.S.MEHTA
Rehmani Begum – Appellant
Versus
Krishan Pal – Respondent
JUDGMENT
I.S. Mehta, J. The Appellant/Claimant has challenged the impugned award in Suit No. 57308/16 dated 23.05.2017 passed by Sh. Vinay Singhal Additional District and Sessions Judge, MACT-02, (Central) Delhi (henceforth referred to as the Tribunal) whereby the claim petition on account of failure to prove the cause of action qua the driver of the truck was established and the claim was dismissed.
2. The brief facts stated are that deceased Ziyakhan aged about 21 years was riding a motorcycle bearing No. DL-3S-CJ-2143 at about 3:15 AM on 30.08.2012 and was going from Darya Ganj, Delhi to Meharauli, New Delhi. Deceased Ziyakhan while going to Meharauli opted wrong direction of one way road and reached in front of BSES Office, JLN Marg, Darya Ganj, Delhi where his motorcycle was hit head on to a truck bearing No. DL-1M-5789 which was on MCD Duty. Due to the hit to the MCD truck, deceased fell down on the road and sustained fatal injuries, he was taken to L.N.J.P. Hospital where he was declared brought dead. Thereafter, FIR, FIR No. 186/12 under Section 279, 304A IPC was got registered on the same day at P.S. Darya Ganj.
3. The police investigated the case and filed the Charge
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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