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..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of claimant - Registration of firm of claimant took place in 2006 and income tax returns produced are also for assessment years 2005-2006 and 2006-2007 relatable to financial years 2004-2005 and 2005-2006 which are prior to accident which occurred in 2007 - It cannot be said that claimant..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Medical expenses - Entire medical expenses claimed for which invoices were produced, totalling Rs.12,54,985 has to be paid to claimant - High Court has awarded an amount of Rs.1 lakh for pain, shock and suffering and an amount of Rs.2 lakhs for loss of amenities which is proper - More so, considering that..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view 50% functional disability of claimant, multiplier of 18, medical expenses @ Rs.12,54,985 and other heads under which claimant is entitled to compensation, total compensation of Rs.48,44,790 with 6% interest per annum commencing from date of application is proper...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of insurance company - Offending vehicle as per the certificate of registration is a utility vehicle and permit issued is of a contract carriage - Package policy was issued by Insurance Company after looking at certificate of registration and permit issued and it has been clearly specified that..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Disbursement of amount - Appellant/Mother of deceased accepted the cheque of Rs.1 lakhs without any protest and demur - Not only appellant voluntarily received said amount but she also put her signature on the order sheet confirming receipt of amount - Appellant now cannot reopen or dispute the factums of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Future medical expenses - Claimant was aged about 21 years at the time of accident - If amount of future medical expenses is restricted only for a further duration of 25 years, it would meet such expenses till claimant attains the age of 46 years - Amount granted towards future medical expenses..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Loss of enjoyment of life and amenities - Tribunal granted an amount of Rs.3 lacs towards loss of enjoyment of life and amenities - High Court set aside said amount without assigning any reason whatsoever - In the light of permanent disability suffered by claimant, award of an amount of Rs.3..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Attendant charges - Claimant having suffered permanent physical disability to the extent of 100%, he would definitely require assistance during his further life - Claimant was required to use a water bed for his comfort considering his handicap - He was also required to use a wheelchair even..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Head of pain and suffering to family members - Tribunal had awarded an amount of Rs.3 lacs towards pain and suffering to family members of claimant - High Court set aside grant of compensation under said head without assigning any reason - When Tribunal had awarded compensation under head of..........
