Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of deceased - Deceased was having diploma in Pharmacy though the exact remuneration is not substantiated - He is found to be in a partnership of pharmaceutical distributorship and associated with a Cooperative Bank - Deceased was also running a medical shop, though prior to date of accident licence..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Multiplier - Deceased was 43 years of age at the time of accident - Multiplier of 14 is thus, appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Future prospects - Deceased was 43 years of age at the time of accident and not in a regular employment - 25% future prospects adopted by High Court is perfectly in order as per decision in Pranay Sethi...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deductions - Family of deceased consisted of 4 dependants - 1/4th deduction made is thus, correct...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Taking into account the age of deceased 43 years at the time of accident, multiplier of 14, loss of estate and funeral expenses @ Rs.15,000 each, 1/4th deduction made since his family consisted of 4 dependants and various other heads under which claimants entitled to compensation, total compensation @..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Burden of proof - Initial burden to prove the factum of accident and involvement of offending vehicle lie on claimants - It is the claimants who have to discharge this primary burden by establishing occurrence of accident and involvement as well as identity of vehicle at least on prima facie basis - Only then onus to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Evidence, facts and circumstances of case shows that factum of involvement of offending vehicle as claimed and asserted by claimants was not proved - Claimants failed to discharge their obligation on this count which was to be the primary step - Even, claimant had failed to prove involvement of Tata Magic..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injuries suffered in accident were not very serious - Non-healing ulcer could have been for various causes, especially when victim was known to be a diabetic, which necessitated skin grafting procedure - Procedure also was carried out successfully but in the aftermath of surgery, patient succumbed to death - Merely by..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Functional disability - Disability to be assessed for purpose of awarding compensation arising from a motor accident is functional disability which reduces the earning capacity of claimant and not strictly medical disability...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Functional disability - Admittedly claimant was running business and he has already been fitted with a prosthetic limb to ensure his mobility - Order of High Court holding disability to be 50% for purpose of computing loss of income as relatable to loss of earning capacity is correct and within the parameters to be..........
