Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Site cannot be relied upon to hold that there was contributory negligence - Site plan only depicts place where offending vehicle is ultimately found after the impact - It does not gives description as to how and where offending vehicle collided...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Multiplier - Issue that multiplier has to be applied as per the age of deceased - No longer re-integra...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Income - Non-mentioning in FIR who was the employer of deceased and on what salary or on what post he was working - Itself cannot be a basis for ignoring a fact duly substantiated by adducing evidence...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Liability to pay compensation - From perusal of award, it is evident that Tribunal has bloom hot and cold in same breath - In same para, it is stated that driving licence cannot be said to be fake but it is contrary to a notification - However, in the end of paragraph, it was stated that driver was holding genuine..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - If Court did not exhibit documents despite claimants referring them at the time of recording evidence then in such event, claimants cannot be denied their right to claim compensation, particularly, when they proved their case and respondents did nothing to counter them - It was nothing but a procedural..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Accident occurred due to rash and negligent driving of driver of offending vehicle - Documents on record clearly established identity of truck involved in accident, identity of driver, name of insurer of offending truck, period of coverage of insurance of truck, details of lodging FIR in concerned police..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Deceased was 25 years of age at the time of accident and was earning around Rs.10,000 p.m - Keeping in view the age, deduction of 1/3rd towards personal expenses, loss of future prospect @ 40%, applying multiplier of 18 and by adding various heads under which claimants entitled to compensation, total..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Dismissal of claim petition - Mere recovery of broken pieces of number plate from the spot of accident may point only towards the fact that there was involvement of alleged offending vehicle - However, second limb u/s 166 of the Act that accident occurred due to rash and negligent driving of alleged offending..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Compensation - Enhancement - Nature of injuries suffered by claimant and that he had to be operated upon four times and that he was hospitalized twice and remained in two different hospitals for 18 days - Even, for fractures in thighs and jaw, he would have required transportation and attendant not only during..........
Motor Vehicles Act, 1988, Section 171 -- Accident - Interest - Word `may' mentioned in s.171 of the Act - Cast duty on Tribunal to consider issue of interest separately...........
