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In the considered view of this Court, there can be no hard and fast formula for computing the annual income of a deceased person/claimant. ITRs being a statutory document are an important reference point when it comes to assessing one’s income, for the purposes of compensation under the Motor Vehicle Act. {Para 17}18. We find force in the submission put forth by Mr. J.R Midha, ...

Admittedly, there were shops around the shop of PW-3 Vivek where the alleged incident had taken place. There was a road in front of his shop and there were two shops beyond the road. However, the prosecution has not examined a single independent witness in support of its case. Adverse inference in terms of Section 114 (g) of the Indian Evidence Act, 1872 therefore needs to be d...

Importantly, when PW1 had the earliest opportunity to disclose the names to Dr. Manor Shet (PW4), who has first examined PW2, PW2 did not disclose the names of the accused to PW4 Dr. Shet. In fact, it has come on record that PW4 Dr. Shet made enquiry about the incident and the names of the assailants. Therefore, except the evidence of PW1, which is also vague and doubtful inasmu...

As per the evidence of PW1, he was unconscious soon after the incident and he was taken to MGM Hospital, Aurangabad, however, the discharge summary card of the injured-PW1 does not disclose history of unconsciousness of the injured PW1. Therefore, it appears that there is variance in the oral as well as MLC certificates. IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)Criminal Ap...

It is further submitted that as per the injured-PW1 soon after incident he and his both sons were immediately taken to Civil Hospital, Beed where the Medical Officer PW7 examined and issued MLC certificates (Exhibit-103 to 105). It is routine that a Police Chowki is always situated at every Civil Hospital, however, the Medical Officer had not informed to the Police Chowki about...