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SANJAY YADAV
Bablu – Appellant
Versus
Abhilasha – Respondent
Sanjay Yadav, J.
Shri A.K. Sharma, learned counsel for appellant.
Shri A.K. Dixit, learned counsel for respondents.
2. Owner and Driver of the offending vehicle has approached this Court vide present Appeal under Section 173(1) of the Motor Vehicles Act, 1988 against the Award dated 10.11.2014 whereby Rs. 5,41,000/- has been awarded in lieu of death of one Prabhu Singh who died on 25.10.2011 having run over by offending Tractor bearing registration No.MP 15 AA 7192 while exonerating the Insurance Company from the liability on a finding that the offending vehicle was operated contrary to the insurance policy as the deceased was found sitting on the mud-guard of the offending vehicle from where he fell down and run over.
3. Appellant takes exception to findings arrived at by the trial Court on the ground of being contrary to evidence led on behalf of applicant/appellant; wherein, the witnesses have stated in clear terms that the deceased was run over by offending vehicle while he was standing by the side of road. It is contended that the Claims Tribunal committed gross error in placing reliance on FIR rather on the statement of PW-2, an eye witness.
4. The relevant finding recorded
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.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
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