Motor Vehicles Act, 1988, Section 166 -- Accident - Deceased student of 3rd standard - Tribunal did not consider future prospectus of deceased - Held, in addition to awarding compensation for pecuniary losses, compensation must also be granted with regard to future prospectus of child - Denying compensation towards future prospects seems to be unjustified...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Deceased student of 3rd standard - Compensation - Future prospects of child - Determination of - No yardsticks to measure loss of future prospects of child - However, child's performance in school, reputation of school, etc. might be taken into account while considering such claims...........
Motor Vehicles Act, 1988, Section 168 -- Motor accident - Compensation - Insurance company not liable to pay other than third party compensation - In case of third-party risks the insurer has to indemnify the amount, and if so advised, to recover the same from the insured...........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Death of minor - Compensation - Determination of - Held, in cases in involving death of minor, though there is no straight jacket formula to quantify income of deceased, however, certain objective factors could always be taken into consideration while deciding compensation - In present case, deceased was 14 years of..........
Motor Vehicles Act, 1988, Section 166 -- Multiplier - Determination of - Deceased was 22 years of age and his mother is 45 years of age - Tribunal applied multiplier of 12 - Legality of - Held, multiplier has to be applied by tribunal in respect of age of deceased and not of claimant - Impugned order of tribunal deserves to be modified as multiplier which is to be applied..........
Motor Vehicles Act, 1988, Section 163A -- Compensation - Annual income - Deceased owner of three buses driving one of the bus and also having income from agriculture - Income from the buses would continue to accrue to the family - Actual loss would be loss of salary of the deceased as a driver and salary of the person needed to be engaged for managing the buses -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Rash & negligent driving - Whether petitioner who has been acquitted by Court in criminal case registered u/s.279, 304-A IPC etc. be held liable to share proportional liability towards compensation paid by State to family members of victim of road accident? - Held, yes - Parameters to be applied to prove a criminal charge..........
Motor Vehicles Act, 1988, Section 41, 43, 44, Motor Vehicle Rules, 1989, Rule 42, 47, Kerala Motor Vehicles Rules, 1989, Rule 95(5)(ii) -..........
Motor Vehicles Act, 1988, Section 168 -- Compensation - Multiplier - Determination - Deceased was aged 58 years at time of accident - Considering age of deceased multiplier of `9' would be proper - Multiplier of `7' adopted by Tribunal appeared to be on lower side - Thus taking annual dependency as Rs.24,000/- and adopting multiplier of `9' claimant held entitled to..........
Motor Vehicles Act, 1988, Section 109(3) -- High Security Registration Plates - Rules, statutory orders and tender in respect of - Validity of - Held, Rules, statutory order and tender process in respect of High Security Registration Plates are valid...........
