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Appellant obtained an insurance policy from the insurance company, policy provided insurance cover, inter alia, to Boiler no.GT-23 for the period starting from 01.02.2005 up to 31.01.2006, risk covered loss /damage up to Rs.1.60 crores,) On 12.05.2005, a blast/ explosion took place in that boiler, Intimation of the blast was provided to the boiler inspector, Based on surveyor's report, appellant's claim for compensation was repudiated -Insurer was not justified in repudiating the claim by invoking the exclusion clause 5—NCDRC was not justified in setting aside the order of the State Commission and discarding the claim of the appellant by relying on exclusion clause 5 (supra)-Appeals are allowed--Impugned judgment and order of NCDRC is set aside. Read more
Bharatiya Nagarik Suraksha Sanhita,2023 — Sec. 415 —Appeal from convictions- Indian Penal Code, 1860 — Sec. 363,376,366, 354-B -Kidnapping or obtaining the custody of a minor -Rape define-Kidnapping or abducting a woman to compel her marriage or to cause her defilement etc. —Sec.164 — CrPC,1973- Recording of confessions and statement was recorded-Sections 4,6 of the POCSO Act, 2012-Punishment for penetrative sexual assault-Punishment for aggravated penetrative sexual assault -Shyamlal Ghosh v. State of W.B. (2012) 7 SCC- The substantive sentence for the offence is modified to rigorous imprisonment for ten years- Appellant shall be entitled to set-off for the period of custody already undergone, in accordance with law-Appeal disposed. Read more
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