Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future income - Deceased 28 years 7-1/2 months of age at the time of death - Pay of deceased would have doubled if he would have continued in service of State till the date of retirement - 100% increase in future income to be allowed...........
Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Compensation - Compensation beyond claim - Tribunal is competent to award compensation in excess of what is claimed...........
Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Loss of consortium - `Consortium' is the right of the spouse to the company, care, help, comfort, guidance, society, solace, affection and sexual relations with his or her mate - Courts to award at least rupees one lakh for loss of consortium...........
Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Compensation - Funeral expenses - It will be just, fair and equitable, in the absence of evidence to the contrary for higher expenses, to award at least an amount of Rs.25,000/-...........
Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Compensation - Self employed or a person with fixed wages - Future prospects - There should be addition of 50% to the actual income of the deceased if deceased was below 40 years and addition of 30% in case deceased was in the age group of 40 to 50 years and 15% in case victim was between the age group of 50 to 60..........
Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Compensation - It is duty of Court to fix a just compensation - Court should not succumb to niceties or technicalities, in such matters - Attempt of Court should be to equate, as far as possible, the misery on account of the accident with the compensation so that the injured/the dependents should not face the..........
Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Compensation - Choice is to file claim petition u/s 163-A or S.166 of the Act - Remedy provided in S.163-A is not a remedy in addition to the remedy provided in S.166 but it provides for an alternative course to S.166 of the Act...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - It is necessary for a claimant to prove negligence on the part of the driver or owner of the vehicle - The burden is on the claimant to establish the negligence on the part of the driver or owner of the vehicle and on proof thereof, the claimant is entitled to compensation...........
Motor Vehicles Act, 1988, Section 166, 163A -- Accident - Compensation - Multiplier specified in the Second Schedule whether can be taken to be guide for determination of amount of the compensation - Table in case Sarla Verma approved - In case of death of a victim aged 15 years then irrespective of claim whether u/s 163-A or S.166, multiplier of 15 and the assessment as..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition u/s 166 of the Act - In case of death claim for the purposes of compensation must establish (a) age of the deceased; (b) income of the deceased; and (c) the number of dependants - To arrive at the loss of dependency, the Tribunal must consider (i) additions/deductions to be made for arriving at the income;..........
