INTRODUCTION
India is one of the countries with the highest number of road accidents. A large number of claims for compensation for injury caused by road accidents are pending in various Motor Accidents Claims Tribunal. In majority of road accident cases because of rash and negligent driving, innocent person becomes victims and because of this their dependents in many cases are virtually on the streets.
Nationwide attention , was drawn towards the rapidly increasing automobile accident fatality, in the recent past. The one millionth automobile accident fatality occurred on December 23, 1951. The width of this problem was visible in the difficulties relating to compensation to automobile accident victims as they were not being able to be restituted
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This enactment has worked in India for a comfortable long period, but then it was replaced by the Motor Vehicles Act, 1914 which was further replaced by The Motor Vehicles Act, 1939. The Motor Vehicles Act, 1939 combined and improved the laws relating to motor vehicles, however some members of the parliament felt the urge for a more comprehensive review of this act so as to make it relevant to the modern day requirements. This act has been ameliorated many a times to keep it up to date. Therefore keeping in mind the necessity for safe roads, passenger movement, freight movement and road development, the government in the year 1984 in the month of January set up a working group that was suppose to submit a draft for a comprehensive legislation to replace the Motor Vehicle Act 1939. This working group before preparing a report took suggestions from various institutions, groups and organizations. This report after some recommendations and changes, on the 14th day of October in the year 1988 was passed by both the Houses of the Parliament; soon thereafter it received the assent of the President of India and became an act titled THE MOTOR VEHICLES ACT 1988. The 1988 Act was then amended by the Motor Vehicles (Amendment) Act, 1994, which came in to effect from 14.11.1994. The Act was amended for the second time by the Motor Vehicles (Amendment) Act 2000. Third times amendments to this act were done by the Motor Vehicles (Amendment) Act,
In addition, the final summary judgment contains no set off for the amount of the restitution ordered. Further, there is nothing in the record to establish that the damages awarded in the final summary judgment compensate Therma Builders for damages not already awarded in the restitution order (FindLaw's). The final summary judgement was affirmed in part; reversed in part; and remanded for further
Murder, as defined by PC:187 of the California Penal Code, is the unlawful killing of a human being, or a fetus, with malice aforethought. On June 13th, 1994, a passerby found Ron Goldman and Nicole Brown dead outside of her condominium in Brentwood California. Immediately, police went to go question ex-husband Orenthal James (O.J.) Simpson. After a long winded and in-depth investigation in which all evidence pointed towards Mr.Simpson as the perpetrator, O.J was found not guilty for two cases of murder in the first degree. One of the most controversial aspects of the case, aside from the celebrity status of the lead suspect, is the large amount of evidence and how it was poorly and improperly handled.
This evidence highlights the problem with his case, showing the laziness and carelessness of the police officers. The money that Brown is being paid for his compensation, is also getting paid in increments. The $300,000 is being paid in annual installments of $30,000 plus $1.1 million from the city insurers (Thibodeaux). The information here shows the result of the case, costing the city
Have you ever thought about how many murderers you have encountered just living your daily life? The people of the Eastern Shore may understand how this feels. The Eastern Shore experiences hundreds of murders a year, however, just three shocking murders affected the way the local community continues to view the life around them. Murders are a commonly committed crime throughout the world, yet, very few people realize that they have more than likely experienced an encounter with a murderer just carrying on with their daily life. One may wonder, what causes someone to become a murderer, serial killer, or any other kind of criminal.
More than one person was involved in the murder of Mr. Kelley - both Mr. Scott and Mr. Jones helped in his murder. First off, they found a gun in Mr. Jones’ apartment that fit the bullet that was in Mr. Kelley. The bullet matching the gun proves that Mr Jones shot Mr Kelley. Mr. Jones supposedly shot an intruder at 12 pm. They also, found a knife with Mr. Scott's fingerprints and Mr. Kelley’s blood.
One of the more memorable stories in the past twenty years is the two young men were responsible for the Columbine massacre in the US. While the Columbine school. This shootings brought world-wide attention to school incidents, but this case was not an isolated, we have a long history of aggressions in schools. A report by the US Secret Service and the US Department of Education in 2002 indicated that in 37 incidents of targeted school shootings and school attacks from 1974 to 2000 in this country, found that “over half of the attackers demonstrated some interest in violence through movies, video games, books, and other media”. (Vossekuil B. 2002)
The entire school shooting lasted for 45 minutes until the shooters commited suicide. The Columbine was one of the worst school shootings in U.S. history. The two shooters were students at Columbine High School. Columbine High School Shooting was a tragic event that could have been stopped even though the outcome of the shooting could have been much worse, the event that happened in the Columbine were horrific, and missed warning signs could have stopped the attack from ever happening.
The use of cadavers when experimenting can indeed outweigh any or all potential breaches of respect for the dead. The tolerance of pain that cadavers have is nothing compared to the average human. Their supernatural ability allows ourselves as humans to use them for experiments. Experiments that of which ensure our survival and longevity in almost all aspects of life. One aspect is that of car safety.
This reflection paper will first address the advantages of using retributive justice approach in three court-cases. Second, it will discuss the disadvantages of using retributive justice approaches by analyzing the three court-cases listed above. Third, it will elaborate on ways that the system could have used restorative justice processes in the cases, as well as present potential outcomes that could have been reached if restoration justice was taken into consideration. First, during lecture three, we talked about the notion of just deserts.
After reviewing the case of Nathaniel Belanger and Swift Transportation Incorporation Belanger was terminated for violating one of the “Forbidden Five” in the safety policy in driving tractor trailer. The “Forbidden Five” consist of driver fatigue, substance abuse, speeding and failing to adhere to the rules of the road, failure to properly inspect and maintain trucks, and improperly loaded trucks. In this case study paper, I will be evaluating the incident which leads to Belanger termination, the judges’ verdict on the case, and my opinion on the case. Here is the thing that occurred that brought about the instance of Belanger v. Swift
This eye opening and staggering film directed by Paul Haggis (Crash 2004) portrays the collisions between the people of different ethnicities, races and cultures. Haggis bases the film in a city where most people have cars where most people have cars, Los Angeles, and where people rarely brush against or interact with one another unless there’s a situation that forces them to do so. It gathers the lives of those with completely different backgrounds that intersect with each other in the span of 36 hours. Paul Haggis is to be applauded for taking audiences on a rollercoaster of emotions from the start of the film to the very end. The characters in the film are hidden behind metal and glass where no one in LA even touches or brushes past you.
Here a compensation tribunal was set up to compensate the families of victims who had died in the Stardust tragedy. The grieving father of one victim sought a review of a decision made by the tribunal to award the mother of a victim compensation and the father no compensation. The court refused to quash the decision of the tribunal and, strangely, agreed that there were circumstances which justified awarding of compensation to one parent and not the other. This decision was made by a court which was quite critical of the approach taken by Lord Diplock in GCHQ. Henchy J. said he would be ‘slow to test reasonableness by seeing if it accords with logic’ and would be ‘equally slow’ to accept the moral standard criteria believing it a vague and inconsistent principle to base reasonableness on.
The shot that killed! Often used in health facilities, curare was known to be a muscle relaxant, but it soon took on a new role. Although medical personnel are supposed to be helpful to society, in the case of the Riverdell Hospital Murders, the opposite is true. All of the evidence found in the Riverdell Hospital Murders all goes back to one man, Dr. Mario Jascalevich. Famously known as Dr. X, he was believed to be the killer of five different victims.
Foreseeability means whether a ‘reasonable person’ would have foreseen the damage in the situations. It is the leading test which is used to determine proximate cause. The important point is a duty of care may not be owed to a particular claimant, if a claimant was unforeseeable. Foreseeability and proximate cause will be discussed
I was never a fan of flying. It’s not that I’m afraid of heights or anything, it’s just the idea of flying. Launching up into the sky, by an airplane specifically, is quite scary, if you think about it. Just imagine every possible way something could go wrong. The plane could get stuck in a storm and crash.