Motor Vehicles Act, 1988, Section 168, 173, Civil Procedure Code, 1908, Order 41, Rule 22 -- Accident - Compensation - Appeal against award - Tribunal is required to award a fair compensation by considering additional documents sought to be produced before by taking into evidence - Matter remitted for fresh consideration...........
Motor Vehicles Act, 1988, Section 166, 173 -- Death of an employee, aged 32 years, in an accident - Gross salary of deceased has to be taken into consideration to assess the dependency of deceased - 1/3 deducted from gross salary towards personal expenses - Considering age of employee multiplier of 16 applied - Rs.15, 200/- added as expenses incurred by the claimants on..........
Motor Vehicles Act, 1988, Section 166, 173 -- Accident - Claim petition - Death of child aged 8 years - No multiplier for death of child below 15 years and second schedule of the act also does not prescribe any multiplier to the child upto the age of 15 years - A uniform amount of Rs.50, 000/- is held payable by way of compensation - Conventional figure of Rs.25, 000/- is..........
Motor Vehicles Act, 1988, Section 166 -- Carpenter aged 40 years - Death in accident - Award of Rs.2.32 lacs enhanced to Rs.4.84 lacs by High Court - Working as carpenter in the year 1997 deceased could have comfortably earned Rs.100/- per day - Even if he was working for six months in a year as carpenter and for remaining six months he was working in his own field, that..........
Motor Vehicles Act, 1988, Section 166 -- Carpenter aged 40 years - Death in accident - Plea of personal deduction from 1/4th to 1/3rd - Deceased left behind a large family to be looked after, who all were dependents on his income - Keeping this in view High Court deducted 1/4th as amount which deceased would have spent on himself - Held, there is no error in deduction of..........
Motor Vehicles Act, 1988, Section 168, 169, 174, 149 -- Motor Vehicle accident - Compensation - Driver and owner of offending vehicle held liable to pay amount of award - However, Insurance Company directed to pay that amount to claimants and then to recover it from driver and owner of offending vehicle - To recover that amount Insurance company need not file separate suit..........
Motor Vehicles Act, 1988, Section 173, 168 -- Motor Vehicle Accident - Claim petition - Child aged 12 years received injuries who became permanently disabled to the extent of 65% and he was unable to move without a crutch - Compensation enhanced from Rs.75, 000/- to Rs.Two lacs inclusive of interest which shall be just and reasonable to meet the ends of justice...........
Motor Vehicles Act, 1988, Section 163 -- Accident - Compensation - Appeal - Rejection of compensation claim for personal injuries of appellants - No reason stated by High Court as to why claim of appellants towards expenses for obtaining medical treatment had been rejected - Matter remitted for fresh consideration...........
Motor Vehicles Act, 1988, Section 149, 147, 82 -- Liability of Insurance company - Original permit holder of vehicle died - Permit not transferred - Owner of offending vehicle got his vehicle covered under the same permit by playing fraud - Held, owner is not entitled to cover his risk under the insurance policy - Insurance Company directed to pay amount of compensation..........
Motor Vehicles Act, 1988, Section 147 -- Accident - Compensation - Fake driving licence - On renewal of licence forgery is not cured - Once a forgery, the driving licence is null and void and it cannot attain any legitimacy and get the colour of genuineness by renewal under the Act - When driver is holding a fake driving licence then Insurance company cannot be held liable..........
