Motor Vehicles Act, 1988, Section 173 -- Appeal - Direction to deposit entire awarded sum not correct, as High Court has to entertain appeal on deposit of sum of Rs.25,000 or 50% of amount awarded whichever is less as per S.173 Proviso of the Act - Order of High Court set aside...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Age of deceased - Tribunal has taken age of deceased to be 59 years merely for the reason that claimants had asserted so - Tribunal fell in error in doing for taking age of deceased to be 59 years wherein from documentary evidence it came out to be 65-66 years - Therefore, age of deceased to be 65 years...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Income of deceased - Tribunal rightly taken income of deceased to be Rs.6,000/- p.m from avocation of agriculture and dairy farming though claimants had asserted that his income was Rs.15,000/-...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Non-mentioning of registration number of tractor trolley and name of its driver in FIR does not go to put a question mark over his credibility...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Compensation - Cheque for payment of premium dishonoured - Liability of insurance company - Liability of insurance company to satisfy award passed in favour of claimants is there - However, since contract of insurance was without consideration as cheque for premium had bounced, insurance company would be entitled..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - Judgment of criminal case is certainly not binding upon the Tribunal - Tribunal has to reach its own conclusion on the basis of evidence adduced before it - Even it is taken that eye-witness had resiled during the trial, however, if they support the case of claimants in proceedings u/s 166 of the Act,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Medical expenses - It is very difficult to have all medical bills, receipts secured at home - Some of bills/receipts get lost whereas some times medicines are purchased in hurry without asking for issuance of bill/receipt - Sum of Rs.1,25,000/- awarded to claimant towards medical expenses...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deductions - Ex gratia payment received by claimants from employer of deceased - Said amount not received as a continuous assistance under Service Rules - Ex gratia amount so received by claimants thus, not required to be deducted...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased aged about 38 years was in settled job and was not self employed or on fixed salary - High Court enhanced future prospects at 40% - Amount of pecuniary loss as assessed by High Court remains reasonable and cannot be said to be either exorbitant or too low so as to call for any..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Death of bachelor - It is the age of deceased and not of dependents which is to be taken into account for calculating multiplier...........
