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Where the death of, or bodily injury to, any person gives rise to a claim for compensation under Motor Vehicles Act, 1988 and also under the Workmen's Compensation Act, 1923, the person entitled to compensation may claim such compensation
A
Under Motor Vehicles Act, 1988 only
B
Under the Workmen's Compensation Act, 1923 only
C
Under either of those Acts
D
Under both the Acts
Correct Answer:
Under either of those Acts
Consider the following provision in Section 300 of the Indian Penal Code:
Several culpable states of mind are referred to with the:
1. intention to cause death
2. knowledge that the act is so imminently dangerous that it must in all probability cause death
3. intention to cause such bodily injury as the offender know to be likely to cause death of the person to whom harm is caused
4. intention of causing such bodily injury as is sufficient in ordinary course of nature to cause death.
The correct order of the sequence in which they are placed in the provision is:
A
1, 2, 3, 4
B
1, 3, 4, 2
C
1, 4, 3, 2
D
2, 3, 4, 1
A person, who causes bodily injury to another person who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that person, shall be deemed to have caused his death. The above rule is mentioned in:
A
Explanation 1 of Section 299 of Indian Penal Code
B
Explanation 2 of Section 299 of Indian Penal Code
C
Explanation 3 of Section 299 of Indian Penal Code
D
Explanation to Exception 1 of Section 300 of Indian Penal Code
A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity and thereby accelerates the death of that other, shall be deemed to have caused his death, by virtue of:
A
Explanation I to Section 299
B
Explanation I to Section 300
C
Explanation II to Section 299
D
Explanation III to Section 299
Calculate the amount of compensation to be paid to the dependants of a deceased employee, where death results from the injury, under the provisions of Employees Compensation Act, 1923. (Monthly wages drawn was Rs. 15,000 and relevant factoris 139.13).
A
Rs. 1,20,000
B
Rs. 4,52,400
C
Rs. 6,50,210
D
Rs. 5,56,520
PRINCIPLE: 1. A person is liable for death penalty when he does an act which is likely to cause death, and that person knows that his act in all probability will only result in death.
2. Death penalty is given only in rarest of rare cases.
FACT: Sunita, a married woman was flogged out of her husband's house by her father-in-law. When she was living with her parents, she got involved with a widower who also had an affair with Anita. In a fit of jealousy, Sunita killed her rival, Anita, as well as her little baby. Sunita also disfigured the faces of Anita and her baby and buried the bodies. Later, Sunita was tried for murder.
A
She is liable for life imprisonment but not death penalty
B
She is liable for death as her act suffers from the highest level of depravity; and hence, is rarest of rare
C
She is not liable for any offence as it was done under grave and sudden provocation
D
None of the above
Consider the following statement(s).
1. A defendant may set up, by way of a counter-claim against the claim of the plaintiff any right or claim in respect of the cause of action accruing to him.
2. The counter-claim may be submitted by the defendant even after he has delivered his defence.
3. The counter-claim shall not exceed the pecuniary jurisdiction of the court.
Which of the statements given above are correct?
A
1 and 2
B
1 and 3
C
2 and 3
D
All these
Principle: A person who voluntarily takes a decision to do something after appreciating the risk involved in such act and then receives an injury, will not be entitled to get any compensation.
Facts: 'X', an electrical engineer, was invited by his friend 'Y', to the factory where he was employed. While they were in the factory, 'Q' a worker in the factory informed 'Y' about some short-circuit in the power room. Hearing this, 'Y' asked 'X' to stay in the office room and rushed to the power room. 'X' however, decided to follow 'Y'. 'X' noticed that if the power supply through a particular electric line could be disconnected, the electrical leakage could be stopped which would prevent further damage. Suddenly 'X' decided to pullout the wire manually even though it was risky. This resulted in a blast in which both 'X' and 'Y' got injured. 'X' had to spend Rs. 1 lakh at the hospital for his treatment. 'X' wants to file a suit for compensation from the management of the factory. Will he succeed?
A
Yes, because 'X' was invited by 'Y' to visit him and hence is in the position of an invitee
B
Yes, because 'X' was trying to avert a great danger to the factory
C
No, because 'Y' specifically asked 'X' to stay in the office room
D
No, as 'X' was aware of some risk in his action and still decided to take the risk
Who of the following persons would not be entitled to make an application for compensation arising out of an accident of the nature specified in sub-section (1) of Section 165 of the Motor Vehicles Act, 1988
A
The person who has sustained simple injury
B
The owner of the property
C
The legal representatives of the victim if he dies 6 months after the accident
D
A nominee of the deceased
A motor pool has 300 vehicles of which 30% are trucks. 20% of all the vehicles in the motor pool are diesel, including 15 trucks. What percent of the motor pool is composed of vehicles that are neither trucks nor diesel?
A
165%
B
90%
C
65%
D
10%
Mark the incorrect proposition:
1. Set-off is a statutory defence to a plaintiff's action, whereas a counterclaim is a cross-action.
2. Set-off and counter-claim arises out of the same transaction.
3. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.
4. Claim for set-off cannot exceed plaintiff's claim, whereas counterclaim can exceed the plaintiffs claim.
5. Both set-off and counter-claim cannot exceed the pecuniary jurisdiction of the court.
A
1 only
B
2 only
C
3 and 5
D
4 only