Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Compensation - There is no restriction upon Court to award compensation exceeding the amount claimed - It is the duty of Tribunal or Court u/s 168 of the Act to award just compensation...........
Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Compensation - Appellants had claimed a total sum of Rs.38,34,000 and just and fair compensation that has been determined by Court is Rs.28,00,375 - Therefore, irrespective of appellants confining the claim in appeal to Rs.4 lakhs in addition to amount awarded by Tribunal i.e. 19, 55,250/-, appellants are entitled to..........
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..........
Indian Penal Code, 1860, Section 279, 337, Motor Vehicles Act, 1988, Section 187 -- Accident - Rash and negligent driving - When there is no evidence on record of approximate speed of offending vehicle, mere use of term `high speed' is not sufficient to infer the rashness or negligence of accused...........
Indian Penal Code, 1860, Section 279, 337, Motor Vehicles Act, 1988, Section 187 -- Accident - Rash and negligent driving - Collusion between bus and truck - No material on record to pinpoint the exact place, where accident had taken place - Some part of bus appeared to be lying on the road in photographs - But, site plan does not show location of these parts and distance..........
