Motor Vehicles Act, 1988, Section 149 -- Accident - Compensation - Liability of insurance company - Driver of insured vehicle possessed fake driving licence at the time of accident - It is not open for insurance company to cite failure of deceased vehicle owner to get driver's driving licence checked with RTO as a reason to disclaim liability under insurance policy - Even,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Even in the absence of definite proof of income, social status of deceased is to be kept in perspective where such persons are employed in unorganized sector and notional income in any event is required to be taken into consideration...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Notional income of deceased - Deceased was working as a mechanic and had three dependents to be cared for - Since he was skilled person, daily income at Rs.200 per day in any event could have been taken even if income from jeep transport business was discarded for want of documents - More so, MACT referred..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Liability of Insurance Company - Claimant was travelling in trailer attached to tractor at the time of accident - When a tractor and trailer are involved, both tractor as well as trailer are required to be insured - As claimant was travelling in trailer which was not insured as such liability..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Amputation of left lower limb above knee joint - Liability of Insurance Company - Claimant is a 20 years old lady who was working as a labourer and was travelling in trailer attached to tractor - Trailer was not insured, thus insurance company is liable - However, disability being 100% and..........
Indian Penal Code, 1860, Section 279, 338, Motor Vehicles Act, 1988, Section 187 -- Rash and negligent driving - Accident occurred when accused overtaking a tripper truck on a bridge - Admittedly, when it is a bridge overtaking is strictly prohibited - Since accused did not take proper care and was not supposed to overtake the vehicle on a bridge, accused rightly..........
Indian Penal Code, 1860, Section 279, 338, Motor Vehicles Act, 1988, Section 187 -- Rash and negligent driving - Sentence - Complainant was awarded sufficient amount under Motor Vehicles Act - Accused has no criminal antecedents - Sentence modified to fine of Rs.1000/-...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Pain and sufferings - Claimant remained in hospital for 10 days and was also in continuous treatment - Compensation awarded towards pain and sufferings is on lower side - Additional compensation of Rs.50,000/- awarded under head `Pain and sufferings'...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Physical disability - Claimant produced disability certificate and identity card which certified that overall permanent physical impairment of claimant is 75% - Tribunal and High Court committed serious error in assessing disability for awarding compensation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of claimant - Claimant was working as Marketing Executive and earning salary of Rs.8000/- p.m - Though claimant did not examine his employer, but on this ground it cannot be said that claimant was unable to earn or was not earning Rs.8000/- p.m - Claimant being graduate and working as Marketing..........
