Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability - Loss of earning - Appellant was 33 years of age at the time of accident - Right hand of appellant completely crushed and handicapped permanently - Suffer 55% disability and not able to drive motor vehicle in future due to same - Driving motor vehicle is the only means of livelihood for appellant..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability - Claim of appellant has been pending for several years before Courts - Sum of Rs.40,000 awarded as costs incurred during pendency of appeal...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability - Total compensation - Taking into account the medical expenses, loss of amenities & enjoyment of life and happiness and suffering pain and trauma throughout his life, total compensation awarded to appellant will be Rs.17,60,500/- with 9% interest p.a. (Para 16, 18, 20 & 21)..........
Motor Vehicles Act, 1988, Section 147 -- Accident - Liability of insurer - Insurance policy of a public service vehicle is deemed to cover an employee engaged in said vehicle and liability of insurance company to pay compensation for death or injuries sustained by workman - However, payment of compensation for death of workman or injuries sustained by workman is limited to..........
Motor Vehicles Act, 1988, Section 147 -- Accident - Liability of insurer - Deceased employed as a cleaner of vehicle `A' but he died while working on vehicle `B' - Both the vehicles are insured under same insurance company and owner of both are one and the same - Deceased cleaner was filling water in the radiator of vehicle `B' at the time of his death only on the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Monthly income - Deceased was 22 years of age at the time of accident and doing tailoring, embroidery and knitting at home and was earning Rs.900/- p.m - It is not possible to monetize domestic work done by deceased house maker - It is reasonable to fix her income at Rs.3000/- p.m...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 22 years of age at the time of accident - Multiplier of 18 is appropriate for loss of dependency of claimants...........
Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Compensation - Even though claimants have not preferred any appeal and not prayed for enhancement of compensation, it is obligatory on the part of courts/tribunals to award just and reasonable compensation - It is appropriate to increase the compensation...........
Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Compensation - Interest - Compensation claimed payable with interest at the rate of 9% from the date of filing of claim petition till date of payment - However, enhanced compensation is payable with interest at the rate 9% from the date of filing of special leave petition till the date of realization...........
Motor Vehicles Act, 1988, Section 166, Criminal Procedure Code, 1973, Section 154 -- Accident - Compensation - Proof - Specific mention by eye-witness that it was due to rash and negligent driving of claimant road accident took place resulting into death of deceased - Statement of eye witness fully corroborated by FIR - Though FIR is not substantial piece of evidence but..........
