Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Victim was employed as a driver on a fixed monthly salary of Rs.10,000 - Salary certificate of deceased is further corroborated by affidavit sworn by victim's employer - Determination of income must be founded on proof placed on record and cannot rest on conjecture or..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 37 years of age at the time of accident and was earning a fixed monthly income - Once these foundational facts are established, addition towards future prospects follows as a necessary consequence - Since, income of deceased being fixed at Rs.10,000 p.m, an addition of 40%..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 37 years of age at the time of accident - Multiplier of 15 is thus, appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of love and affection - Non-pecuniary loss arising from deprivation of love and affection is comprehended within broader head of consortium - Consequently, no separate award under head of loss of love and affection is warranted...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view age of deceased 37 years at the time of accident, multiplier of 15, Income of deceased, future prospects, transport charges, loss of dependency, loss of consortium, loss of estate and funeral expenses, total compensation @ Rs.20,80,000 awarded with interest @ 9% p.a from date of claim..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement - Deceased wife at the time of accident was pregnant - Compensation, enhanced from Rs.10,46,750 to Rs.14,46,750 with 6% interest from the date of claim petition...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement of - Deceased aged about 29 years at the time of accident, LL.M. graduate and was practicing as an Advocate - Considering his age, his advanced academic qualifications, professional standing as a practicing advocate and loss of future income suffered by dependents, additional lump sum of Rs.10..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Liability of insurance company - Offending vehicle was wrongly parked and there was no driver obviously, it is owner of vehicle who has to take responsibility for any liability arising out of any untoward incident including accident in question - Insurance Company liable to pay the amount with..........
Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - PW39 has categorically stated that though vehicle was not driven in a high speed, if petitioner had driven the bus little more slower could have avoided accident - Evidence of PW39 is very much believable, cogent and inspires confidence of Court - There is culpable rashness and negligence on..........
Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - Modification of sentence - Case does not involve either egregious conduct or grave negligence or rashness - However, since the vehicle fell into gorge, it unfortunately resulted in loss of life and grievous injuries to several other persons - Petitioner was in prison for a period of 13 days -..........
