Motor Vehicles Act, 1988, Section 163A(1), Workmen's Compensation Act, 1923, Section 2(g), 4(1)(c)(ii) -- "Permanent disability" - Appellant produced disability certificate wherein a qualified medical practitioner assessed disability as 8% - That certificate was proved by PW1 doctor who issued the same - Held, going by the explanation to 163A (1) r/w Workmen's Compensation..........
Motor Vehicles Act, 1988, Section 163A(1), Workmen's Compensation Act, 1923, Section 2(g), 4(1)(c)(ii) -- "Permanent disability" - Appellant, 12th standard student, failed to adduce any evidence to prove his income - Notional income of Rs.15,000/- p.a. fixed by Parliament in year 1994 - In present case, accident occurred on 21.01.2004 - Held, commensurate with passage of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Appellant 30 years of age on the date of accident - He is an educated person and was doing business in sale of fertilizers - He has lost his leg in accident - Held, this would not only affect his earning capacity but deprive him of several amenities in life - Apart from amount of Rs.45,000/- awarded by..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Minor child lost his both legs in accident - High Court awarded compensation of Rs.4.77 lakhs - Compensation enhanced to Rs.8 lakh with interest @ 6% p.a. from the date of judgment and order passed by High Court...........
Motor Vehicles Act, 1988, Section 128, 149, 166 -- Accident - Contributory negligence - Mere fact that a motor cycle was carrying two pillion riders cannot ipso facto give rise to an inference of contributory negligence unless it is positively proved that such carrying of two pillion riders actually contributed to accident...........
Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Compensation of Rs.6.50 lakhs awarded to claimants i.e. wife and children of deceased - Held, in view of peculiar facts and circumstances of case, compensation awarded by High Court be further enhanced by another sum of Rs.4,00,000/-...........
Motor Vehicles Act, 1988, Section 166, 168, 171, 173 -- Accident - Compensation - Physical disability and functional disability - Victim, an Advocate aged about 36 years of age - Whole body disability of 50% - Compensation - Held, it would be certainly very difficult for appellant to practice as an Advocate and compete with others so as to command confidence and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Deceased was 19 years old and was a student of Engineering course - Age of parents of deceased is 45 and 42 respectively - Held, ends of justice will be served by awarding lump sum compensation of Rs.7,00,000/- - Appellants shall be entitled to compensation of Rs.7,00,000/- with interest @ 6% per annum on enhanced amount..........
Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Compensation - A claimant cannot pursue his remedies simultaneously u/ss 163-A and 166 of the Act...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Liability to make compensation u/s 163-A is on the principle of no fault - Question as to who is at fault is immaterial and foreign to an enquiry u/s 163-A of the Act...........
