Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased 45 years of age at the time of accident - Proper multiplier is 14 and not 15...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Proof - Appellants alleged to have kidnapped prosecutrix on her way to school and raped for 8 days - Delay of 6 days in lodging FIR in spite of fact that father of prosecutrix came to know about incident in evening of same day - Medical report does not show any marks of injury on her body - Radiologist..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Just compensation - Approach has to be broad based - Sometimes it would involve some guess work as there cannot be any precise formula to determine the quantum of compensation - While determining quantum of compensation, adjudicating authority must keep in view the sufferings of the injured person which would include his..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Compensation can be granted both for loss of earning as well as disability suffered by the claimant...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Permanent disability - Right leg below knee amputated - Held, Tribunal was justified in fixing a sum of Rs.one lac towards 85% permanent disability...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of earning capacity - Multiplier - Age of claimant 45 years on the date of incident - Held, multiplier of 13 was rightly applied by the Tribunal...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Interest - Claim of 12% - Held, rate of 9% is reasonable and acceptable...........
Motor Vehicles Act, 1988, Section 166 -- Licence to drive light vehicle but commercial vehicle driven - Insurance company cannot disown its liability on the ground although driver was holding a licence to drive a light motor vehicle but was driving commercial vehicle - It is statutory right of third party to recover the amount of compensation so awarded from the insurer -..........
Motor Vehicles Act, 1988, Section 166 -- Motor vehicle accident - Claimant 19 years of age at the time of accident - Suffered grievous injuries in the pelvic region and became impotent - Claimant undergone multiple surgeries and has to take treatment for at least 10 years - Held, appellant is entitled to Rs.2.20 lacs towards expenses incurred, Rs.6 lakhs towards future..........
Motor Vehicles Act, 1988, Section 166 -- Motor vehicle accident - Personal injury - Compensation be determined under the heads : Pecuniary damages (Special damages) - (i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food and miscellaneous expenditure; (ii) Loss of earnings (and other gains) which the injured would have made had he..........