Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deductions - Any amount receivable on account of PF, pension or insurance cannot be deducted from salary of victim for the purpose of determining income or loss of earning for calculating compensation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Appellant was 43 years of age at the time of accident - He would be entitled to an addition of 30% of income towards loss of future prospects as per Pranay Sethi case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Physical disability - Medical opinion given by Commissioner assessed 78% physical disability of appellant which not being challenged by Insurance Company nor being doubted by Tribunal itself - However, High Court has treated the physical disability of appellant at 61.94%, which was initial assessment made..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Appellant was 43 years of age at the time of accident - Multiplier of 14 is correctly applied by Tribunal and High Court...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Taking into account the age of appellant 43 years at the time of accident, multiplier of 14, 30% future prospects, income of appellant and other heads under which appellant is entitled to compensation, total compensation of Rs.67,36,084 with 7% interest awarded to appellant...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation for pain and suffering - Amputation at ankle joint - Appellant suffered multiple injuries and had a fracture in the right femur, right clavicle, right tibia and fibula with vascular compromise - Considering over-all suffering as also amputation which was at the ankle joint, preserving heel pad to allow for..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Medical expenses - Medical expenses despite producing bills for Rs.1,86,486, Tribunal and High Court only awarded an amount of Rs.1,90,000 including for special diet, conveyance and attendant charges - Medical bills proved has to be granted in full and for special diet, conveyance and attendant charges a..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Income of injured can be fixed at Rs.10,000 - When assessing his loss of income for 50% disability as held by High Court, 40% for future prospects has to be added - Taking into account the various heads under which appellant is entitled to compensation, total amount of Rs.17,06,486 with interest @ 9%..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Medical expenses - Injured had to move from local hospital to specialized hospital and then to higher medical center, conveyance charges can be fixed at Rs.50,000 - For pain and suffering, considering amputation of his left leg, Rs.2 lakhs can be awarded - Since, High Court has found a reasonable period of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation for pain and suffering - Compensation for pain and suffering would be Rs.1,00,000 and attendant charges including special diet for period when appellant was hospitalized, which High Court determined as 6 months would be @ Rs.15,000/- p.m, thus totalling to Rs.1,90,000...........
