Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement of - Deceased aged about 29 years at the time of accident, LL.M. graduate and was practicing as an Advocate - Considering his age, his advanced academic qualifications, professional standing as a practicing advocate and loss of future income suffered by dependents, additional lump sum of Rs.10..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement of - Keeping in view various heads under which claimants are entitled to compensation, total sum of Rs.13,11,600 is allowed substituting amount of compensation as awarded by MACT and enhanced by High Court - Enhanced amount shall carry interest @ 6% p.a...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Driver of offending vehicle wholly responsible for accident - Both MACT and High Court have awarded only 10% towards future prospects - Quantum of compensation awarded by High Court is modified by restoring verdict of MACT with regard to 100% negligence attributable to driver of offending..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Percentage of disability - Injured was an agriculturist - However, on account of disability his functioning would have been certainly affected and reduced in doing work relating to agriculture - In the case where disability of both lower and upper limb, High Court without any reason or ground reduced the percentage of..........
Service -- Termination - Misconduct - Employee being bus driver appointed by Corporation was terminated after found guilty of misconduct in rashly and negligently driving the bus of Corporation resulting death of two passengers while several others suffered injuries - MACT categorically held that accident took place because of negligence of lorry driver - Corporation did..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement - High Court has rightly adopted the settled position of law in assessing the notional income and subsequently enhancing the Loss of Income of petitioner after considering his 60% disability - However, High Court has utterly failed in delving into the aspect of correctness of compensation..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claimants have established their case that it was the truck which was involved in the accident with car wherein deceased was travelling - Specific plea of collusion as set up by insurance company not established - Death of deceased thus, caused by driving of truck by respondent no.2 in a rash and negligent..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Guidelines issued by any State Legal Services Authority of High Court are not binding either on High Court or on MACT to determine just and fair compensation - Such guidelines would apply as guiding factor in cases where proof of income is not available and ordinarily to decide the cases in Lok Adalat...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Collusion between two cars - Death of both the drivers of cars - Accident occurred due to sudden glare of head lights of cars when drivers were blinded and were unable to control their respective vehicles - Eye witness of incident categorically deposed on oath regarding accident having taken place due to..........
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..........
