Motor Vehicles Act, 1988, Section 166 -- Loss of future income - Compensation - Victim, a painter, 30 years old at the time of accident - Suffered disability which did not allow him to paint as he did earlier - While awarding compensation Tribunal or Court must take a reasonable compassionate view of things and should fix a `just compensation' which suggests application of..........
Motor Vehicles Act, 1988, Section 166 -- Compensation and damages - Distinction - Expression compensation may include a claim for damages but compensation is more comprehensive - Normally damages are given for an injury which is suffered, whereas compensation stands on a slightly higher footing - Compensation is given for the atonement of injury caused and the intention..........
Motor Vehicles Act, 1988, Section 166, Motor Vehicles Act, 1939, Section 110A -- Fatal motor accident - Deceased was a govt. employee and was drawing monthly salary of Rs.2700/- - Claims Tribunal awarded compensation of Rs.2, 61, 800/- - High Court in appeal assessed the dependency at Rs.6, 91, 200/- and made a further deduction by one third considering imponderability and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Proof of factum of accident before the tribunal - Tribunal accepted the evidence of sole witness produced by the claimant to find that the insurer's vehicle had been involved in the accident - Witness stated before the criminal court that he did not know which vehicle was involved in the accident - Before..........
Motor Vehicles Act, 1988, Section 147 -- Accident - Compensation - Liability of Insurance Company - Plea of gratuitous passenger cannot be raised for the first time in appeal...........
Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Computation of compensation in claim petition - Deceased aged 35 years and earning salary of Rs.3, 647/- at the time of death - He had four family members dependent on him - Held, where number of dependants is 4 to 6, one fourth should be deducted towards personal and living expenses of deceased - Thus..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Motor Vehicles Act, 1988, Section 15(1) - Insurance claim - Repudiation - Driving licence - At the time of accident the driver did not have a valid driving licence - His licence had expired on 13.02.1995 and was renewed only on 18.09.1995 and the accident had taken place on 02.07.1995 - Insurance company not..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Liability of the insurer - Insurance company taking plea that licence of the driver of the offending vehicle was not valid at the time of accident - Held, if a licence is false, even a genuine renewal can't make a difference - An owner employing a person ought not to be said to be negligent in his conduct in not looking..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Death of male child - Enhancement of compensation sought solely on the ground that deceased was a male child - Held, death of a male cannot afford a larger compensation than death of a female child - Belief that son is more important than a daughter ought not find judicial affirmation through judgment...........
Motor Vehicles act, 1988, Section 149(2), 166 -- Accident - Compensation - Liability of insurance company - Liability cast on the insurer on the ground that the driver of the bus was found to be responsible for accident - Insurance company raised challenge against the liability, contending that driver of the bus was not holding valid driving licence at the time of accident..........
