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...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 31 years of age at the time of accident - Multiplier of 16 is correctly applied by High Court as per Pranay Sethi case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was self-employed in foreign country - When no material evidence is offered to determine future prospects in foreign country, Court is inclined to extend benefit of future prospects component for compensation payable as per principles in Pranay Sethi case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Taking into account the age of deceased 31 years at the time of accident, multiplier of 16, 40% future prospects, conventional heads namely loss of estate, loss of consortium and funeral expenses should be Rs.15,000, Rs.40,000 and Rs.15,000 respectively, loss of dependency and other heads under which..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Future prospects - Self employed person - Even if appellant is self-employed, claimants are entitled to future prospects...........
