Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Permanent disability - Appellant suffered permanent disability of 55% - Appellant sustained a significant head injury - This neurological impairment has had a profound adverse impact on individual's functional capacity, particularly in performing routine occupational activities and responsibilities of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view the age of appellant as 34 years at the time of accident, his monthly income @ Rs.6,950, 40% future prospects, multiplier of 18, 55% permanent disability and other heads under which appellant is entitled to compensation, total compensation of Rs.15,55,211 with 6% interest p.a from date..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deductions - Amounts received by dependents of deceased under employer provided group insurance or other contractual or social security benefits cannot be treated as pecuniary advantages liable to be deducted from compensation awarded under the Act...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Proof of income and standard of proof - For a daily wage earner or person engaged in petty trade, courts should not adopt a hyper-technical and restrictive approach and such claimants should not be compelled to furnish elaborate documentary proof of income - Direct evidence including oral testimony of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects, personal expenses, Multiplier, Conventional heads and consortium, Interest and Quantum - Deceased aged 32 years - Future prospects at 40% as per Pranay Sethi case - Deduction for personal expenses at one-fourth - Multiplier of 16 applied - Loss of estate Rs.18,150, funeral expenses..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability - Observations of the Tribunal regarding joint and several liability remain intact - Liability to satisfy the award is fastened on the insurer, respondent No.2...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was a gratuitous passenger in a goods vehicle - Insurance Company of offending vehicle rightly directed by Tribunal to first pay the amount of compensation to claimants and thereafter recover the same from owner of vehicle...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement - Consistent entries in bank amount maintained by deceased where certain amount was received by way of bank transfers on record - Transactions are not intermittent rather quite regular in nature - Average thereof for period of 25 months prior to accident was Rs.10,050 p.m. - Income of deceased..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement of - Functional disability - Appellant suffered 21% functional disability in accident as acknowledged by High Court - Work of appellant will certainly suffer and he may not be able to earn as much as he could have in case disability was not there - Job of an Architect requires multiple duties to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Victim was employed as a driver on a fixed monthly salary of Rs.10,000 - Salary certificate of deceased is further corroborated by affidavit sworn by victim's employer - Determination of income must be founded on proof placed on record and cannot rest on conjecture or..........
