Motor Vehicles Act, 1988, Section 147 -- Liability of Insurance company - Appellant at time of accident was driver and owner of vehicle which was insured with respondent - By virtue of insurance contract, insurer cannot wriggle out of its obligation towards third party claim and so the driver-cum-owner - Held, both insurance company as well as appellant is jointly and..........
Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Salary of deceased - Deceased was 27 years of age at the time of accident and was working as Bank manager and getting salary of Rs.1.81 lakhs p.a - There were definite chances of his further promotion and consequent increase in salary on basis of cost of living - 50% is therefore added under the head of future..........
Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Deductions towards personal expenses - 1/3rd deduction is appropriate towards personal expenses since claimants are parents of deceased - Appropriate multiplier as per age of parents of deceased is 11...........
Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Total Compensation - Tribunal and High Court committed error in law by awarding only 2000 towards funeral expenses and awarding Rs.30,000 towards loss of love and affection - Rs.25,000 awarded as funeral expenses and Rs.1 lakh towards loss of love and affection is appropriate - Total compensation awarded to..........
Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Death of deceased who was in private employment - Even in case of private employment future prospectus can be taken into consideration to determine the loss of dependency...........
Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Salary of deceased - Both the deceased were aged about 33 years and were skilled workers as they have been working as carpenters - Deceased were also having additional income from agricultural occupation - Monthly income at Rs.12,000 p.m each would be just and proper for loss of dependency...........
Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Compensation - Multiplier - Both the deceased were 33 years of age at the time of accident - Multiplier of 16 is appropriate for loss of dependency of claimants...........
Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Deductions towards personal expenses - Annual income of both the deceased would be Rs.1,44,000 each - Deductions towards personal expenses of deceased out of their annual income would be 1/4th in order to determine loss of dependency and keeping in view the age of minor children, their widowed wives and aged..........
Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Total compensation - Taking into account the salary of deceased and claimants dependent on deceased total compensation awarded to claimants will be Rs.21,53,000 and Rs.23,03,000 respectively with 9% interest p.a...........
Motor Vehicles Act, 1988, Section 168, 2 - - Compensation - Liability - Meaning - Owner is a person in whose name motor vehicle stands registered with registering authority and transfer of vehicle takes place only when requirements prescribed under Act are complied with and registering authority enter change of ownership in its record - Owner is the registered owner of..........
