Rajkumar and anr. Vs. State of Karnataka

- motor vehicles act (59 of 1988)section 147 & karnataka motor vehicles rules, 1989, rule 100: [c.r. kumaraswamy, j] liability of insurer claimant, a police constable sustained injuries when rashly driven canter dashed goods vehicle in which he was travelling he was in uniform and was returning home after attending his duty in police station held, rule 100 gives some privilege to policemen to travel in goods vehicle. plea by insurer that there is no coverage in respect of policemen travelling in goods vehicle, being gratuitous passenger is not tenable in view of protection of rule 100. section 168: [c.r. kumaraswamy, j] quantum of compensation claimant, policemen sustaining injuries in accident being a policeman, he can take treatment in recognised hospital and get medical reimbursement continuing in employment even after accident considering these facts, he was held entitled to rs.35,000/- instead of rs.60,000/- towards pain and suffering, medical expenses was reduced from rs.50,000/- to rs.25,000/-, rs.30,000/- towards reduced eligibility of employment, rs.20,000/- towards loss amenities, rs.5,000/- towards conveyance, food and nourishment and rs.15,000/- towards loss of earning (in all rs.1,30,000/-). further held that he is not entitled for rs.50,000/- towards disability. k. sreedhar rao, j.1. the appellants-accused 1 and 2 are convicted for committing offences punishable under section 498-a read with section 34 of the indian penal code, 1860, accused 3-brother of accused 1 is acquitted.2. the case of the prosecution discloses that the deceased padmashri married to accused 1 on 20-8-2004 about 11/2 years prior to the incident. the accused were harassing and inflicting cruelty on the deceased to bring cash of rs. 5,000/- and two tolas of gold. the deceased during her visit to her parents house used to implore with her mother for meeting the demand. the mother used to console and assure that the demand would be met. the harassment continued. the deceased, unable to bear the harassment committed suicide by consuming poison. the father was informed by accused 1 about that incident and he goes to the house of the accused, later on, lodges complaint with the police.3. the prosecution has marked in evidence a contradictory portion of the evidence of p.w. 3 recorded by the investigating officer at ex. p, 2. the gist of the statement discloses that 'p.w. 3, a resident of the shedabal village, with the accused goes to the house of the accused at 7.30 a.m. accused 2 the niece of nirmala was in the house. accused 1 asked the deceased to come to the land for doing agricultural work. the deceased refused. accused 1 taunted the deceased that she has not brought any riches and jewellary from her parents house at least should work in the field to saying assaulted her twice with hands. accused 1 and his sister go to attend the agricultural work. in their absence, the deceased consumed poison'. the niece of accused 1 comes out running to inform accused 1 and others in the fields that the deceased is writhing with agony. accused 1 immediately on coming to know of the incident took the deceased to a local doctor, who advised him to take her to a good hospital and on the way, the deceased succumbed to death. if the contradictory portion of evidence of.....