(A) Motor Vehicles Act (59 of 1988), S. 166 - Compensation - Assessment - Notional income of deceased child was assessed as per Minimum Wages Act - 40% increase had been adopted for future prospects - Multiplier of 15 was applied - One-half deduction was made towards personal expenses - Assessment was made towards loss of dependency, loss of estate, loss of consortium, medical expenses, funeral expenses and compensation towards pain and suffering - Compensation was enhanced. (Para 7, 8, 9)

(A) Motor Vehicles Act (59 of 1988), S.166 - Accident claim - Grant of compensation - Monthly income - Accident occurred when deceased was driving a vehicle which was hit by another vehicle driven at a very high speed and in rash and negligent manner - Insurer stated that monthly income was without any basis as no income tax returns were produced by claimants - Deceased was a reputed transporter and owner of two trucks but no income tax returns were filed, which was fatal to the claim of income exceeding taxable limit as per Income Tax Act - Deceased being reputed transport contractor there would be no difficulty in continuing the business after his death - Death of deceased would not have put a stop to the income that could be generated from his business as he would have been engaging a driver to run at least one truck out of the two - Compensation amount was reduced accordingly. (Para 7, 8, 9)

(A) Contempt of Courts Act (70 of 1971), S. 2 (c) - Criminal contempt - Slandering judicialry - Denial to accept unconditonal apology - Appellant-contemnor issued a contemptuous circular titled 'How Democracy is being crushed by Judicial System' - High Court imposed sentenced her to one week of simple imprisonment and a fine for issuing such "contemptuous circular" - Appellant had tendered unconditional and unqualified apology in her reply-affidavit filed promptly after receiving the show-cause notice - Circular issud by appellant satisfied essential ingredients of criminal contempt - Rejection of apology was based on observation by High Court that remorse of appellant was merely perfunctory and not genuine - Court has ample power to remit punishment if satisfied that apology offered was bona fide - High Court however failed to exercise its contempt jurisdiction with due circumspection and ought to have considered remitting sentence once appellant expressed sincere and unconditional remorse at earliest opportunity - Appellant-contemnor had, from the very outset, expressed genuine remorse - Sentence was remitted. (Para 8, 8.1, 8.4, 9, 9.2, 9.4, 9.5, 9.6)

(A) Central Civil Services (Pension) Rules (1972), R.36, R.26, R.48 - Constitution of India, Art.309 - Denial of pension - Forfeiture of service on resignation - Effect of - Employee was appointed as conductor in Trasnport Corporation - R.48 provides for about eligibility or grant of pension on completion of 30 years of qualifying service - Deceased employee had not completed 30 years of service but certainly had more than 20 years service to his credit - Admittedly employee resigned from service on 07.08.2014, which was accepted by competent authority on 19.09.2014 - Withdrawal of resignation after acceptance was declined by competent authority on 28.04.2015 - It was clear that employee had resigned from service and his withdrawal from resignation was not accepted - R.26 stipulates resignation from service entails forfeiture of past service - On resignation by employee, past services of employee stood forfeited - Denial of pension was justified. (Para 9.1, 9.3, 10.2)

(B) Payment of Gratuity Act (39 of 1972), S.4, S.5 - Gratuity and leave encashment - Denial of - Employee who was working as conductor claimed for release of his retiral benefits such as gratuity and leave encashment - Transport Corporation rejected employees claim on ground that he had resigned from service - S.4 provides that even in case of retirement or resignation from service, employee who had rendered not less than five years of service will be entitled to payment of gratuity - Deceased employee had completed more than 20 years of service - Undisputedly, no notification was issued by appropriate government exempting Transport Corporation from application of 1972 Act - Once it could not be established by corporation that 1972 Act does not apply to Corporation, claim of employee for release of gratuity cannot be denied even if he had resigned from service - Hence, LRs of deceased employee were entitled to receive gratuity in terms of provisions of 1972 Act for service rendered as well as amount towards leave encashment of deceased employee. (Para 9.2, 9.3, 10.1, 10.2, 12)

(A) Criminal P. C. (2 of 1974), S. 482 - Quashing of FIR - Prima facie case - Offences of corruption, forgery and racial abuse - Allegation that accused-Officer conspired with co-accused to interfere with possession of land owned by informant, which they attempted by fabricating documents and informant was also abused using caste name - Accused had validly acquired land through a sale deed in 2020 - This was followed by a confirmation of title for predecessors of his vendor by Deputy Collector in 2012 - FIR was lodged simultaneously with a civil suit, but allegations in the FIR were unbelievable and contradictory to plaint - Offences of racial abuse was not made out, as there was no allegation of wrongful dispossession or alleged casteist slur occurred within public view - FIR was a clear abuse of the process of law given significant contradictions with concurrently filed civil suit and existing sale deed - FIR was quashed (Para 6 to 10)