New Delhi: The Delhi High Court has rejected the presumption of a Motor Accident Claims Tribunal that a man who is competent to drive a four wheeler cannot be expected to be incompetent to ride a two wheeler and allowed an insurance firm to recover money from an offending driver in an accident case.
The high court said it failed to appreciate as to how a person who can drive a four wheeler can be automatically presumed to be competent to ride a two wheeler as well.
“On the other hand, the skills required for driving a two wheeler are quite different from those required for driving a four wheeler. Driving a two wheeler would require balancing of the vehicle which would not at all be relevant for driving a commercial vehicle which is much larger in size.
“It appears that the trial court has failed to appreciate that under the Motor Vehicles Act, a light motor vehicle (LMV) and a two wheeler have been placed in two distinct categories. Merely because respondent no. 2 (driver) held a valid licence for a light motor vehicle could not imply that he was authorised or competent to drive a two wheeler,” Justice Rekha Palli said.
The judge said the presumption of the Motor Accident Claims Tribunal (MACT) that a male who is competent to drive an LMV (commercial) could not be expected to be incompetent to drive a two wheeler, is in my view, wholly without any basis.
The high court set aside the award passed by the MACT where it had refused to grant recovery rights to the insurance company against the driver/ owner of a two-wheeler involved in an accident.
While rejecting the insurance company’s contention that it was not liable to pay anything as the rider was not holding a valid licence to drive the two wheeler, the MACT had said that a male person who is competent to drive an LMV cannot be expected to be incompetent in driving a two wheeler.
In an appeal filed before the high court against the order of the tribunal, the insurance company argued that in view of the unrebutted testimony of the record clerk from the Sarai Kale Khan Transport Authority here, it was clear that the driver did not have a valid licence to drive a two wheeler, and thus, the terms and conditions of the insurance policy stood breached.
The high court said it was evident that the offending vehicle, a motor cycle was being driven by a person who did not have a driving licence and therefore, it was a clear case where there was a breach of the terms and conditions of the insurance policy.
Consequently, the finding of the tribunal that the insurance firm was liable to pay the compensation is “unsustainable” and is set aside, it said.
NIA declares Rs 15 lakh reward for info leading to arrest of Canada-based Lakhbir Singh Sandhu
New Delhi: A cash reward of Rs 15 lakh was announced by the National Investigation Agency (NIA) on Wednesday for information leading to the arrest of Canada-based gangster-turned-terrorist Lakhbir Singh Sandhu alias ‘Landa’, who is wanted in connection with terror cases in Punjab, officials said.
“A cash reward of Rs 15 lakh is announced for any information leading to arrest of Lakhbir Singh Sandhu alias ‘Landa’,” the official spokesperson of the agency said, adding the identity of the informer will be kept secret.
A resident of Tarn Taran in Punjab, Sandhu, believed to be residing in Edmonton in Alberta in Canada, is an absconder and is wanted by security agencies in a case related to the grenade attack on the Punjab Police intelligence headquarters in Mohali in 2022.
The NIA registered the case in 2022 after it emerged that terrorist outfits and terror elements based abroad were operating in tandem with leaders and members of organised criminal gangs in northern states of the country to commit targeted killings and violent criminal acts.
“It had emerged that the terror-gangster-drug smuggler network was also engaged in smuggling terrorist hardware such as arms, ammunition, explosives and IEDs across border through a widespread inter-state network of gunrunners, illegal arms and ammunition manufacturers and suppliers and explosive traffickers,” the spokesperson said.
The NIA has succeeded in getting Canada-based Arsh Dalla designated as an “individual terrorist” by the Ministry of Home Affairs on January 9 in a separate case.
The NIA has registered a general case that relates to terror activities of chiefs and members of proscribed terrorist organisations such as Khalistan Liberation Force, Babbar Khalsa International and International Sikh Youth Federation.
Their activities include smuggling of arms, ammunition, explosive and IEDs across international borders for use by operatives and members of terror outfits and organised criminal gangs for carrying out terrorist acts in Punjab.
IIT-B student’s death: Family says he faced caste discrimination, might have been murdered
Darshan Solanki, a student at the Indian Institute of Technology-Bombay, reportedly died by suicide on Sunday
Ahmedabad: The family of an IIT-Bombay student who died allegedly by suicide has claimed that he faced discrimination at the premier institute for belonging to a Scheduled Caste (SC) community and that there is a strong possibility that he was “murdered”.
The Powai-based institute in Mumbai has rejected allegations of bias and has urged students to wait till the police and internal probes are over.
Darshan Solanki (18) died allegedly after jumping off the seventh floor of a hostel building on the Powai campus of the IIT on Sunday. Hailing from Ahmedabad, he was a first-year student of B.Tech (Chemical) course.
His family members, who live in the Maninagar area of Ahmedabad city, claimed that though Darshan faced “discrimination for being a Dalit”, he could not have taken his own life.
“I strongly believe that my son was murdered. Hours before his death, he had called us but he talked normally and gave no indication that he was under any tension. However, when he came home during Makar Sankranti, he informed his aunt that other students were keeping their distance from him. They were upset because Darshan made such progress,” said his mother Tarlikaben Solanki.
Darshan’s father Rameshbhai alleged that the institute as well as hospital authorities had tried to cover up the matter and performed a post-mortem even before he reached Mumbai.
“I do not think that it was a case of suicide. If you fall from the seventh floor, you will sustain many injuries. But, when I saw my son’s face after the post-mortem, I did not see any injuries. How is that possible? Moreover, the PM (post-mortem) was done in a haste and that too without our permission. I was allowed to see only his face after the PM,” claimed Rameshbhai.
Darshan’s sister Jahnvi said the IIT-B management kept changing its stand about the reasons behind her brother’s death.
“His body was not shown to my parents, neither before nor after the PM. Earlier, the institute told us that he fell down the stairs. Then, the principal told us that my brother jumped from the building. Do they think we are fools? It seems that my brother was murdered,” she said.
His aunt Divyaben said Darshan once told her that other students had started maintaining distance upon learning that he belonged to an SC community.
“In January, he told me that other students were jealous of him. They used to ask Darshan how come you are studying for free while we have to spend a lot of money?’. They used to taunt him and ask him how he secured admission. Darshan was harassed there. But, he could not have taken his life due to such tension. It seems he was first murdered and then thrown from the building,” she claimed.
IIT-Bombay on Tuesday rejected charges of caste bias in the institute, saying initial inputs from friends suggested that there was no discrimination, and urged students to wait till police and internal probes were over.
Earlier on Wednesday, Union Minister of State for Social Justice Ramdas Athawale visited IIT-B and demanded a thorough probe into Darshan’s death. Athawale said Darshan had called his father on Sunday and informed him that except for one paper, his other first semester exams went well.
Petroleum products can be included in GST framework once states agree, says FM
Finance minister Nirmala Sitharaman
New Delhi: Finance minister Nirmala Sitharaman on Wednesday said that petroleum products can be included in the Goods and Services Tax (GST) framework once an agreement in this regard is reached among states.
Sitharaman also said that the effort of the government over the years has been to increase public expenditure with a view to promote growth.
“The provision is already available for petroleum products to be brought into the GST. My predecessor had already made the window kept open,” she said while speaking at the Post-Budget interactive session with the members of the industry chamber PHDCCI.
Five petroleum products viz. petroleum crude, motor spirit (petrol), high speed diesel, natural gas and aviation turbine fuel have temporarily been kept out and the GST Council shall decide the date from which they shall be included in GST.
“Once the states agree, we will have the petroleum products also be covered under the GST. So, that’s not so much of us not wanting it,” she said.
The 49th meeting of the GST Council is scheduled to be held in New Delhi on February 18, 2023.
“It is the entire (GST) council saying yes, and saying yes, not just yes, because it’s already in there.
“What they have to do is to determine a rate and once they tell me the rate, we get it into the GST,” the finance minister said.
The minister said that the government in the 2023-24 budget increased the capital expenditure by 33 per cent to Rs 10 lakh crore.
“Consistently for the last three-four years, the emphasis has been given on public capital expenditure. We have kept that up in this budget…capital expenditure, clearly can be said as a real focus of this budget,” she said.
“This is the first time in many years that the capital expenditure has reached a double-digit amount, making it the clear focus of this budget,” Sitharaman added.
She further said that the states were being nudged to carry forward reforms in various sectors including power and also implement the ‘one nation, one ration card’ scheme.
Sitharaman said that she was advised by the prime minister that momentum on growth should not be relaxed or diluted.
According to the minister, the 2023-24 budget is fiscally responsible, while ensuring public expenditure at a higher level to have a desired multiplier effect on all the sectors.
She also noted that the central government is collaborating with the states, as well as the tier III administrations, such as the Panchayats or ward-level administrations, to ensure that MSME priorities remain at the top of the agenda.
Court sends man accused of killing live-in partner, stuffing body in fridge to 5-day cop custody
New Delhi: A Delhi court on Wednesday sent a man accused of killing his live-in partner and stuffing her body into a fridge in southwest Delhi to five-day police custody for interrogation.
Sahil Gehlot, 24, a resident of Mitraon village in southwest Delhi, killed his partner, stuffed her body inside a refrigerator at his dhaba (eatery), and went off to marry another woman on the same day, police told the court.
Chief Metropolitan Magistrate Archana Beniwal granted the crime branch of Delhi police his custody for five days to interrogate him and ascertain the exact scene of the murder and the route he took after committing the alleged crime.
The court passed the order on an application moved by police.
In their remand application, police said they needed to take the accused to the places where the accused went with the deceased. They said the investigators intended to conduct searches at places linked to the crime and collect evidence.
The incident came to light on Valentine’s Day and police recovered the body of the 23-year-old woman on the basis of clues provided by the accused.
Police said the accused had hidden from his girlfriend Nikki Yadav that he was getting married to another woman.
When Nikki came to know about his wedding, she had a heated argument with the accused which led to her murder, police said.
“It has been claimed that she was threatening to implicate the man in a case if he married another woman,” a source said.
The couple was in relationship for the past few years and Nikki wanted to marry the accused, police said.
On the intervening night of February 9 and 10, when the victim confronted the accused about his marriage, he killed her using the data cable of his mobile phone in his car and then kept her body in a refrigerator at his dhaba, police said.
A case under IPC sections 302 (murder) and 201 (causing disappearance of evidence of an offence committed, or giving false information to screen offender) has been registered at Baba Haridas Nagar police station, police said.
Shah Jahan’s death anniversary: Free entry at Taj Mahal for 3 days from Feb 17
Agra (UP): To commemorate the 368th death anniversary of Mughal emperor Shah Jahan, entry to the Taj Mahal in Agra will be free for three days starting February 17, officials said on Wednesday.
Various rituals such as ‘chadar poshi’, ‘sandal’, ‘gusul’ and ‘kul’ among others will be held on the occasion, they said.
Superintending archeologist of Archaeological Survey of India (ASI), Agra Circle, Raj kumar Patel said, “There will be free entry for tourist in Taj Mahal from February 17, 18 and 19 on the occasion of the annual Urs of Shah Jahan.
“Tourists will get free entry on 17 and 18 February after 2 pm till sunset and on February 19 entry, it will be free from sunrise to sunset.”
Shamsuddin Khan, president of the Approved Tourist Guides Association said various rituals which will be held during the three days.
“On the last day of the ‘Urs’ an 1,880 meter-long ‘chadar’ would be offered.The ‘chadar poshi’ attracts people from all religions,” he said.
Arti Rana, a resident of Agra said during three days, ‘qawwalis’ in praise of the emperor and his wife Mumtaz are sung and the tourists also get a chance to visit the graves in the basement that are usually closed.
CPIM writes to CEC, over alleged secret meeting of Home Min Amit Shah with top officials in Tripura
New Delhi: CPIM general secretary Sitaram Yechury wrote to the Chief Election Commissioner on Tuesday, alleging Union Home Minister Amit Shah is trying to “influence” the assembly elections in Tripura.
Reiterating the accusations made by Jitendra Choudhury, Secretary of Tripura State Committee of CPI(M), in a separate letter sent to the CEC, Yechury raised the issue of Shah’s alleged “secret meeting” with top election and police officials including the director general of police.
There was no immediate reaction from the BJP.
“This is a very serious issue which concerns the conduct of the Union Home Minister in trying to directly influence the conduct of elections for the Tripura Assembly. You will recall that in our meeting with the full Election Commission last afternoon, we had expressed our apprehensions about such a possibility involving the Union Home Minister. You had assured us that the Election Commission is fully geared to meet all eventualities in ensuring a free and fair election,” Yechury said in his letter.
He said that this development which has been reported in the media has taken place despite that assurance.
“We urge you to initiate urgent action to undo the impact which is clearly a violation of the Model Code of Conduct. We also expect that the Election Commission of India will take report from the special observers and fix responsibility on the BJP and other important election officials who met the Union Home Minister,” he said.
Choudhury in his letter has attached a news report about the alleged meeting.
India becomes No. 1 team in all formats, Ashwin rises to 2nd spot in ICC Test bowlers rankings
Dubai: India on Wednesday claimed the top spot in the latest ICC Test rankings to become the number one ranked side in all three formats of the game.
India’s big innings and 132-run win over Australia in the first Test catapulted the ‘Men in Blue’ to the top spot, dislodging the Pat Cummins-led team.
Already the top T20 side, India had reached the number one spot in ODIs last month after beating New Zealand 3-0.
India (115) are four rating points ahead of Australia (111) in the Test rankings and a win in the second Test, starting Friday, will not only consolidate their top spot but also aid their push for entering second consecutive World Test Championship Final.
India need to win the four-match Border Gavaskar Trophy 3-1 or 3-0 to make the final.
Among individuals, India off-spinner Ravichandran Ashwin jumped to the second spot in the Men’s Test Bowlers Rankings following his eight-wicket show against Australia in Nagpur.
Left-arm spinner Ravindra Jadeja, who made a successful comeback after almost five months due to a knee injury, has moved up to the 16th position, courtesy his player-of-the-match winning effort in the Border-Gavaskar Trophy series-opener.
The spin duo haunted Australia in the first Test between by sharing 15 wickets between them as India won by an innings 132 runs inside three days.
Ashwin ensured India wrapped up a stunning victory before tea on the third day, as the veteran off-spinner took 5/37 in the second innings to go with 3/42 earlier in the match.
The 36-year-old is 21 rating points behind Australia captain Pat Cummins and is contention to return to the No.1 ranking for the first time since 2017.
While Ashwin stepped up in what turned out to be the last session of the Test, Jadeja did the damage on the first day with 5/47, including the prized wickets of Steve Smith and Marnus Labuschagne.
Jadeja then took 2/34 in the second Australian innings. Australia were bowled out for just 91.
Among other Indian bowlers, pacer Jasprit Bumrah, who too has been out of action since September last due to a lower back stress fracture, is placed fifth.
In the Test batting chart, India captain Rohit Sharma has been rewarded for his match-defining ton in Nagpur. He gained two spots to be at number eight.
Rohit came to the crease after Australia were all out for 177 in their first innings, then made the wicket look all-but tame with an assured 120 that set the tone for the rest of the match.
Wicket-keeper Rishabh Pant, who will be out of action for an indefinite period following his horrific car accident, is the other Indian batter in top-10. He is placed seventh.
In contrast Australian openers David Warner and Usman Khawaja have paid the price for being dismissed cheaply twice.
Warner has fallen six places to 20th after his scores of 1 and 10, while Khawaja has dropped two spots to 10th after only making 1 and 5 in the first Test.
Australian duo of Marnus Labuschagne and Steve Smith occupy the top two position with Pakistan captain Babar Azam in the third spot.
India all-rounder Axar Patel has leaped six places to seventh in Test all-rounder rankings after coming to the crease at a tense 240 for 7. He hit a patient 84 for his highest score in the format.
The second Test between India and Australia will be played in New Delhi from Friday.
Gujarat: Six killed, eight injured as jeep hits stationary truck
Patan (Guj): Six people including four women were killed and eight injured after a jeep rammed into a stationary truck from behind in Gujarat’s Patan district on Wednesday afternoon, police said.
The incident took place near Radhanpur when the driver of the Mahindra Jeep, which was carrying some 15 passengers, lost control after a tyre burst, said Deputy Superintendent of Police K K Pandya.
The jeep was heading for Varahi village, he said.
The deceased were identified as Samjubhai Fulwadi (50), Dudabhai Rathod (50), Radhaben Parmar (35), Kajal Parmar (59), Amruta Vanzara (15) and Pinalben Vanzara (7).
The injured persons were referred to different hospitals in Radhanpur and Patan, said Pandya.
A First Information Report under relevant sections of the Indian Penal Code and Motor Vehicles Act will be registered against the drivers of both the vehicles if they are found guilty, he added.
NIA carries out searches in TN, Kerala, Karnataka in connection with blasts in Coimbatore, Mangaluru
New Delhi: The National Investigation Agency (NIA) conducted searches in Tamil Nadu, Kerala and Karnataka on Wednesday in connection with two cases of blasts in Coimbatore and Mangaluru, its official spokesperson said.
The searches were carried out at 40 places — 32 in connection with the Coimbatore car bomb blast and eight linked to the Mangaluru blast.
One of the cases relates to a bomb blast in a car laden with explosives in front of Kottai Eswaran Temple in Coimbatore district in Tamil Nadu.
The accused, Jamesha Mubeen, after swearing “Bayath” (allegiance) to the ISIS, was planning to carry out a suicide attack on October 23 last year and cause extensive damage to the temple complex with the intention to strike terror among a section of the society, the agency spokesperson said.
The second case relates to a pressure cooker bomb blast that took place in a moving auto-rickshaw in Mangaluru City in Karnataka on November 19 last year.
The blast occurred when the accused was carrying the improvised explosive device for planting it in a public place.
The searches led to the seizure of a large number of digital devices and Rs 4 lakh in cash, the spokesperson said, adding further investigations in these two cases are on.
The searches linked to the Coimbatore case were carried out in 32 places in Tamil Nadu and Kerala — Coimbatore (14), Trichy (1), Nilgiris (2), Tirunelveli (3), Tuticorin (1), Chennai (3), Thiruvannamalai (2), Dindigul (1), Mayiladuthurai (1), Krishnagiri (1), Kanyakumari (1), Tenkasi (1) and Ernakulam (1).
The agency carried out searches in eight places in connection with the Mangaluru case — Tiruppur (2) and Coimbatore (1) of Tamil Nadu, Ernakulam (4) of Kerala, and Mysuru (1) of Karnataka.
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