Motor Vehicles Act, 1988, Section 166 -- Enhancement of compensation - Deceased aged 28 years was diploma holder and an electrician - Deceased was a daily wager and no evidence to show deceased was running a milk dairy - Income of deceased taken at Rs. 4,405/- pm - An increase of 30% allowed - Rs. 23,000/- awarded towards funeral expenses - Rs. 95,000/- awarded towards..........
Motor Vehicles Act, 1988, Section 166 -- Enhancement of compensation - Claimant suffered 17.5% of permanent disability in the accident - Claimant admitted in hospital for 15 days and incurred Rs. 52,141/- as hospital expenses - Claimant was mason by profession - Earning of Rs. 5,000/- pm was taken - Multiplier of 10 applied - Total amount of compensation enhanced to Rs...........
Motor Vehicles Act, 1988, Section 147 -- Payment of compensation - Liability - Owner and driver failed to join proceedings and allowed themselves to be proceeded ex parte - Owner and driver moved an application of additional evidence 13 years after the appeal was filed - Driver at no stage stepped into the witness box - Owner was no, committal about driving license - Held,..........
Motor Vehicles Act, 1988, Section 147 -- Insurance company - Liability - Vehicle hit from behind in which deceased and injured were riding when it was pitch dark - Complainant lodged FIR against unknown person and unknown vehicle - Injured made a statement in Court that he had noted details of offending vehicle - Evidence shows that injured had fallen unconscious..........
Motor Vehicles Act, 1988, Section 166 -- Enhancement of compensation - Deceased aged 44 at the time of death - Income of deceased took Rs. 2000/- after deducting his own upkeep - Multiplier of 15 applied - Amount of Rs. 1.50lacs awarded towards loss of consortium and loss of love and affection - Amount of compensation enhanced to Rs. 5.10 lacs along with interest @ 7.5%..........
Motor Vehicles Act, 1988, Section 166 -- Enhancement of compensation - Deceased housewife - Notional Income of deceased calculated as Rs.2000/- p.m after deductions - Multiplier of 16 applied - Compensation enhanced to Rs. 5,34,000/...........
Motor Vehicles Act, 1988, Section 18, 147 -- Insurance Company - Liability - Invalid driving license - Driver of the offending bus was not holding valid driving licence nor was he appointed or authorized to drive the bus - Held, insurance company was to pay the compensation and it shall be entitled to recover the same from the owner of bus...........
Motor Vehicles Act, 1988, Section 166 - - Compensation - Death in vehicular accident - Proof - At belated stage canter vehicle has been introduced - Brother of deceased accepts that number of vehicle and names of drivers were told by police while he was admitted in hospital and stated that he cannot tell how accident took place as it happened in fraction of seconds - No..........
Motor Vehicles Act, 1988, Section 2(30), 146 -- Hypothecation agreement - Vehicle, which was not insured, met with accident - Liability of financier - Person in possession of vehicle under hypothecation agreement is to be treated as owner - Registered owner of vehicle should not be held liable if the vehicle is not in his possession and control - Financier had no..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was 25 years of age at the time of accident - He was matriculate working as driver with a valid license of heavy motor vehicles - Driver on an average earns Rs.9,000/- p.m. as per Minimum Wages Act - Gross monthly income of deceased @ Rs.9000/- p.m i.e 1,08,000 p.a is appropriate - On deduction of..........
