Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Compensation - Claim petition can be either u/s 163-A or S.166 of the Act - If a petition is u/s 166 of the Act then claimant has to prove the negligence of the driver or owner of the vehicle - In case claim petition is u/s 163-A of the Act the compensation will be awarded in terms of Schedule without calling upon..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Death of owner - S.163-A of the Act has no application in respect of an accident wherein the owner of the motor vehicle himself is involved...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Court is duty bound to award just compensation irrespective of the fact whether any plea in that behalf was raised by the claimant or not...........
Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Compensation - Death of son of owner who was driving - Not a third party - Neither S.163-A nor S.166 is applicable...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Death of 22 years boy who was a brilliant student and had graduated in Business Administration from U.K. and while a student he was doing part time job earning an amount of 1, 008 pounds (Rs.80, 000/- p.m.) - At the time of accident in India he was not working - Compensation paid by assessing his monthly..........
Motor Vehicles Act, 1988, Section 166 -- Death in accident of a young brilliant student of 22 years - Calculation of loss of dependency of the parents - Deduction to be made only 1/3rd from income and not 2/3rd of personal expenses of deceased...........
Motor Vehicles Act, 1988, Section 166, 163A -- Death in accident of a young brilliant student of 22 years - Father of deceased 51 years of age and working as a doctor in Government Hospital and was to retire after few years - Father not completely dependent upon his son - Considering the age of parents multiplier of 10 applied in the fact situation of the case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Rash and negligent driving - Proof of - Case of claimants in FIR as well as in claim petition that deceased came on his vehicle from a side bridge and entered GT road and was just turning toward Ambala Cantt when his vehicle was hit by offending scooter - However, in witness box the informant changed his version and..........
Motor Vehicles Act, 1988, Section 166, 147 -- Accident - Death of a person travelling in a private car - Insurance policy in respect of car was a package policy - Risk of passenger travelling in such private car whether covered by the insurance policy - Matter referred to larger bench...........
Motor Vehicles Act, 1988, Section 147, 173 -- Compensation award - Enhancement of - Age of deceased is 25 years and monthly income of Rs.1500/- by selling golgappas on rekri - Dependants of deceased are 2 younger brothers and parents, dependency should be Rs.1000/- - Application of multiplier of 3 of for three years and then 8 by Tribunal upon consideration of marriage..........
