Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of owner of offending vehicle - Liability to pay falls squarely on registered owner, even if there has been successive transfers which has to be indemnified by insurer...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of owner of offending vehicle - Contention that ownership of vehicle is transferred to appellant driver and thus, owner has no liability to pay compensation - However, recitals of agreement to sell in question indicate that there has been no transfer of ownership of vehicle and appellant merely..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Minor child - Determination of income - Minor child who suffers death or permanent disability in a motor vehicle accident, cannot be placed in same category as a non-earning individual for purposes of assessing amount of compensation because child was not engaged in gainful employment at the time of accident - In such a..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Minor child - Determination of income - Appellant was an 8 year old child at the time of accident - Considering prevailing minimum wages, which for skilled ones, as in the year of accident, i.e., 2012, in Gujarat would be Rs.227.85 per day, therefore, it is appropriate to determine income of appellant as Rs.6,836 per..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Minor child - Permanent functional disability - Determination of - Appellant sustained grievous and life-altering injuries on head and left leg resulting in a brain haemorrhage and amputation of left lower limb - Upon examination of disability certificate and other medical documents, as also considering nature, extent and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Minor child - Determination of income - Direction issued that: When a Tribunal or High Court in appeal, is concerned with case involving a child having suffered injury or having passed away, calculation of loss of income necessarily has to be made on matric of minimum wages payable to a skilled worker in respective State..........
Motor Vehicles Act, 1988, Section 166 -- Accident involving adult - Determination of income - Direction issued that: In cases where claimant has failed to furnish appropriate details of income or adequate proof thereof, it shall be responsibility and obligation of contesting party, more particularly Insurance Company to furnish before Tribunal applicable minimum wage as..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of 9 years old child - Multiplier - Considering mother's age of 36, multiplier of 15 rightly applied by Tribunal...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of minor child - Determination of income - There is no straight jacket formula as to income to be adopted in the case of children when they suffer injuries or succumb to death, in a motor vehicle accident - Monthly income of Rs.5,000 as adopted for child by Tribunal is perfectly in order...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of minor child - Total Compensation - Considering age of minor child as 9 years, multiplier of 15 and various heads under which claimant entitled to compensation, total compensation of Rs.8,70,000 is proper...........
