Friday, December 18, 2020

ACCIDENT CASES - INTERIM RELIEF M.V.ACT 1988

MOTOR VEHICLE ACT 1988 SEC.140 NO FAULT LIABILITY IMPORTANT JUDGEMENTS

LIABILITY WITHOUT FAULT IN CERTAIN CASES

140. Liability to pay compensation in certain cases on the principle of no fault.(1) Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or disablement in accordance with the provisions of this section.

(2) The amount of compensation which shall be payable under sub-section (1) in respect of the death of any person shall be a fixed sum of 1[fifty thousand rupees] and the amount of compensation payable under that sub-section in respect of the permanent disablement of any person shall be a fixed sum of 2[twenty-five thousand rupees].

(3) In any claim for compensation under sub-section (1), the claimant shall not be required to plead and establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person.

(4) A claim for compensation under sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable in respect of such death or permanent disablement be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement.

3[(5) Notwithstanding anything contained in sub-section (2) regarding death or bodily injury to any person, for which the owner of the vehicle is liable to give compensation for relief, he is also liable to pay compensation under any other law for the time being in force:

Provided that the amount of such compensation to be given under any other law shall be reduced from the amount of compensation payable under this section or under section 163A.] 


Eshwarappa @ Maheshwarappa Versus C.S.Gurushanthappa and another


Thursday, December 17, 2020

Orgy with 50 naked people including prostitutes - held to celebrate a French woman's 28th birthday - becomes the latest Belgian sex party raided by police for breaking lockdown rules

A drug-fuelled orgy with 50 naked guests and prostitutes held to celebrate a French woman's 28th birthday was raided by Belgian police over the weekend.

Officers received calls about the noises coming from a holiday home – opposite a hospital – in the village of Saint-Mard in the province of Virton on Saturday night.

They believed there were about 20 people inside but they arrived to find 50 revellers – all naked and all French.

The young pleasure-seekers had chipped in £230 each to cover the costs of alcohol, drugs and the services of escorts at their 28-year-old friend's cross-border bash.

Police fined each attendee €250 – the same as they had paid their host.

At least one person was charged for possession of nitrous oxide (laughing gas) and other drugs, The Brussels Times reported.


Monday, December 14, 2020

Service Value of Housewife how to calculate Income in Claim cases

Value of services of any housewife is invaluable: MACT orders over Rs 10 lakh compensation for housewife's death in accident case.




Thursday, December 10, 2020

The Roshni Act and Land Scam - Jammu and Kashmir

The Roshni Act

The genesis of the scam lies in the Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001 known popularly as 'Roshni Act'.


The Roshni land scam was thrust into the spotlight after a judgment was delivered by the Jammu & Kashmir High Court on October 9, 2020, ordering a probe by the Central Bureau of Investigation (CBI). 

Friday, December 4, 2020

Police in India Make First Arrest Under New Interfaith Marriage Law

A Muslim man was held under a state law passed to address accusations by Hindu nationalists that women are being lured into marriage in order to convert them to Islam.


The police in northern India have made their first arrest under a new anti-conversion law intended to curb “love jihad” — a highly contentious term used by Hindu nationalists who accuse Muslim men of luring Hindu women to marry them in order to convert them to Islam.

The arrest in the northern state of Uttar Pradesh came days after state legislators there approved the law

aimed at curbing interfaith marriage, which makes forced religious conversion by marriage an offense punishable by up to 10 years in prison.



Wednesday, December 2, 2020

Gujarat HC to choose social service over fines

The Gujarat HC ordered for mandatory community service as punishment for violators of Covid protocols in public places .


Read Order 

 

 

 

 

 

VEHICLE ACCIDENT AND COMPLAINT & PRECAUTION


This episode provides detailed information on how to file a vehicle accident complaint, what issues to cover and what precautions to take.  Explained in simple and plain language.  

For this contact: advocateswami@gmail.com 
www.swamilawyer.com