Motor Vehicles Act, 1988, Section 166 -- Motor accident - Serious injuries sustained by claimant - Claim for keeping an attendant for entire life - Claimant remained unconscious even after three surgical operations and condition of claimant did not improve - Claimant required a attendant till he is alive, thus he can claim compensation for keeping an attendant for entire..........
Motor Vehicles Act, 1988, Section 166 -- Motor accident - Claimant an American citizen having treatment in India as well as America - Claimant awarded compensation partly in terms of Indian currency and partly in terms of US currency - Since claimant had claimed amount only in Indian rupees, there is no question of applying any exchange rate...........
Indian Penal Code, 1860, Section 279, 304A, 338 -- Accident - Death of Motor biker in an accident with a cyclist - Offences u/ss 279, 304-A, 338 IPC lie against a cyclist - However, if a pedestrian is causing such an accident the offence u/s 279 IPC does not lie whereas other two offences lie...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disabilities to the extent of 50% or 30% due to injuries - Loss of speaking power and loss of memory retention power due to head injuries - Appellant not able to move freely at the age of 35 years and due to injuries he lost his job, loss of future income and continuous mental pain and agony - No reasons for..........
Indian Penal Code, 1860, Section 302, 34, 120B, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Appeal against acquittal - As per prosecution, all accused persons were present at place `D' on date of occurrence and that alleged motor bike and car used in incident belonged to accused `O' - High Court rightly dismissed said as involvement of said vehicles..........
Bihar and Orissa Motor Vehicles Taxation Act, 1930, Section 6(1A) -- Motor Vehicles Tax - Payment of additional tax - Liability of - Vehicles have to fulfil description of `Public Services Motor Vehicle' - Vehicle in question although adapted for use for carriage of passenger and goods but is used by appellant for its own purpose - Said use of vehicle does not amount to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Determination of income - Victim was a professional driver and he suffered 100% permanent disability with regard to his earning capacity - Tribunal and High Court had not assessed the true income of victim by assessing it at Rs.2000 p.m - Notional income of victim must be taken at Rs.3,500 p.m..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Loss of earning - Since appellant was unable to work for 21 months from the date of accident till the filing of claim petition, victim awarded Rs.73,500 for loss of earning...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Total compensation - Keeping in view the victim is in vegetative state of condition and would continue to be so in future and also of pain and suffering and loss of amenities and enjoyment of life caused to victim due to accident, total compensation of Rs.15,97,400 with 9% interest awarded...........
Motor Vehicles Act, 1988, Section 166, 168 -- Award of compensation - Claimant a 35 year old homemaker rendered 50% permanently disabled due to head injury in accident - Held, claimant entitled for compensation on ground of special diet, attendant charges especially in view of the fact that there is 50% permanent disability due to head injury - Leaving her unable to walk..........
