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1 - 10 of 17 (0.33 seconds)Section 171 in The Motor Vehicles Act, 1988 [Entire Act]
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Article 141 in Constitution of India [Constitution]
The Minimum Wages Act, 1948
Prabhu Dayal Sesma vs State Of Rajasthan & Anr on 28 August, 1986
"A reading of the table in Sarla Verma leaves no room for
any speculation that it is only when the deceased/injured
completes the age of 51 years, the multiplier would shift
from '13' to '11' and not when the deceased/injured attains
the age of 50 years and runs the said age till the previous
night of his 51st birthday. (Read the interpretation given by
the Honourable Supreme Court in Prabhu Dayal Sesma vs.
State of Rajasthan and others [(1986) 4 SCC 59] on the
Indian Majority Act, 1875 and this Court in Jaison
V.George vs. State of Kerala [2019 (5) KHC 115] on the
Juvenile Justice (Care and Protection of Children) Act, 2005,
while computing the age of a person). In other words, the
sine qua non to select the multiplier is the attainment of the
specified age mentioned in the table and not the running of
the age into the next group. It is also apposite to note, in
Pranay Sethi, the age for awarding future prospects is
segregated into three groups i.e., 16 ‒ 39, 40 ‒ 49 and 50 ‒
Section 3 in The Motor Vehicles Act, 1988 [Entire Act]
Smt Shashikala vs Gangalakshmamma on 15 July, 2013
This Court cannot be oblivious of the fact that
the question of law stands settled by the decision of the Apex
Court in Sashikala (supra). On a plain reading of the
decision the Division Bench of this Court it is clear that the
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MACA 3206/2021
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Bench had gone against the principles laid down by the
Hon'ble Supreme Court. In the respectful view of this Court, it
is bound to apply the principles laid down by the Hon'ble
Supreme Court and not otherwise. It is settled law that in so
far as the law binding precedents is concerned, as enshrined
under Article 141 of the Constitution of India, decision
rendered by the Apex Court will be the law of the land and the
High Court is certainly bound by the same.