When any person is injured or any property of a Third    Party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured persons, by conveying him to nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or hospital. It is also the duty of the driver or other person in charge of the vehicle to provide information to the insurer who has issued the certificate of insurance, about the occurrence of the accident and the details of the insurance policy.

OPINION OF A WITNESS IS IRRELEVANT

As a general rule, the opinion of a witness on a question whether of fact or of law is irrelevant and it is only the court which has form an opinion. The only role which a Witness has to play in a judicial proceeding, is to state the facts which he has seen, heard or perceived and not the conclusions which he has formed on observing or perceiving them.

MORE COMPENSATION THEN CLAIMED CAN BE AWARDED BY COMPENSATION COMMISSIONER UNDER THE WORKMEN’S COMPENSATION ACT, 1923

The Compensation Commissioner under the Workmen’s Compensation Act, 1923 is empowered to award compensation as per the provisions of the said Act. However, in recent judgments, the various High Courts are of the view that the Commissioner can increase the compensation claimed, since the Act does not put an embargo on the Commissioner to award higher compensation. It has further been held that the benefits conferred by the Act on the workman or his dependents must actually reach them. Their right to claim compensation should not be defeated on account of their illiteracy, ignorance or indigence or intransigence or innovations of the employers.

WHEN CAN A FACT BE SAID TO BE NOT PROVED IN COURT

Section 3 of the Indian Evidence Act, 1872 defines as to when is a fact said to be ‘Not Proved’. It lays down that a fact is said to be not to be proved when it is neither proved nor disproved. A fact is said to be proved when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. A fact is said to be disproved when, after considering the matters before it, the court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist.

What is a “Writ of Habeas Corpus”

It is writ in nature of an order calling upon the person who has detained another to produce the latter before Court, in order to let the Court know on what ground he has been confined and to set him free if there is no legal jurisdiction for the imprisonment.

Under the Constitution of India, writ of Habeas Corpus can be issued by High Courts under the powers conferred in Article 226 and by the Supreme Court of India under the powers conferred in Article 32.

By LawZ Bureau,