Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Collusion between two cars - Death of both the drivers of cars - Accident occurred due to sudden glare of head lights of cars when drivers were blinded and were unable to control their respective vehicles - Eye witness of incident categorically deposed on oath regarding accident having taken place due to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Medical evidence of 17% disability - No contra evidence available on record - Tribunal and High Court committed a serious error in not accepting medical evidence and substituting disability to 10% - Compensation awarded under head loss of income towards permanent disability deserves to be enhanced by construing the whole..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of claimant - Claimant was self employed as a mechanic at the time of accident and had work experience of over 30 years - Income of claimant has to be construed @ Rs.6500 p.m in substitution of Rs.3500 as computed by Tribunal and High Court - Claimant would be entitled for enhanced compensation of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Compensation awarded by Tribunal under heads of attendant charges, pain and suffering, transportation together in a sum of Rs.9000 is on lower side and same deserves to be enhanced and accordingly lumpsum of Rs.1 lakh is awarded under these heads - In substitution of award of compensation of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Age of deceased was 52 years at the time of accident - Multiplier of 11 would be appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was multi tasking person and was doing multiple works - Considering the material placed on record by appellants and value of labour being put by deceased in agriculture, it would be reasonable to assess his income at Rs.35,000 pm - Appellants entitled to compensation of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was a homemaker - Monthly income of deceased at the relevant time, could not be less than Rs.4000 p.m or so - However, instead of calculating compensation under different heads and also keeping in mind the fact that claimants and respondents are closely related, delinquent vehicle was not insured,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Amount received as Compassionate Assistance to Dependents of deceased Govt. employees owing to sudden death of the employee in harness for any reason whatsoever including as a result of road traffic accident has to be deducted from compensation awarded under Motor Vehicles Act...........
Motor Vehicles Act, 1988, Section 149 -- Accident - Compensation - Liability of insurance company - Driver of insured vehicle possessed fake driving licence at the time of accident - It is not open for insurance company to cite failure of deceased vehicle owner to get driver's driving licence checked with RTO as a reason to disclaim liability under insurance policy - Even,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Even in the absence of definite proof of income, social status of deceased is to be kept in perspective where such persons are employed in unorganized sector and notional income in any event is required to be taken into consideration...........
