Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects, personal expenses, Multiplier, Conventional heads and consortium, Interest and Quantum - Deceased aged 32 years - Future prospects at 40% as per Pranay Sethi case - Deduction for personal expenses at one-fourth - Multiplier of 16 applied - Loss of estate Rs.18,150, funeral expenses..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability - Observations of the Tribunal regarding joint and several liability remain intact - Liability to satisfy the award is fastened on the insurer, respondent No.2...........
Employees Compensation Act, 1923, Section 4A(3)(b) -- Compensation - Insurance Company has undeniably admitted its liability to pay compensation and interest component u/s 4-A(3)(b) of the Act - However, respondent has not produced extant insurance policy that was governing the field at the time of incident - More so, when statute itself has obligated employer to make..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Compensation - Statute does not impose any embargo on grant of higher or reasonable compensation merely because parties have agreed to a particular clause, especially where such clause is found to be unfair or oppressive...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency in service - Compensation - Power of consumer fora to grant just and reasonable compensation for deficiency in service is traceable to statute and cannot be curtailed by contractual terms which operate to detriment of consumer...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Compensation under the Act is remedial and protective in character - Detailed mathematical ascertainment of market decline is not a sine qua non, what is required is that award be just, reasonable and proportionate to delay, deprivation and hardship established on record...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency in service - Flat buyer agreement - Delay in delivery of possession - Failure to obtain requisite Occupancy Certificate constitutes deficiency in service, entitling consumers to seek compensation...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Flat buyer agreement - Delay in delivery of possession - Compensation - Delay in completion and handing over of possession is not disputed - Such failure constitutes deficiency in service - Appellant failed to secure requisite occupancy certificate - Appellant directed to obtain requisite Occupancy..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Flat buyer agreement - Delay in delivery of possession - Interest - Having regard to totality of circumstances, i.e. prolonged delay, failure to obtain mandatory statutory approvals, repeated non-compliance with directions of Supreme Court and long deprivation suffered by respondents despite payment of..........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent act - Compromise - Quashing of FIR - Payment of compensation or financial assistance to families of deceased cannot be treated as a ground for quashing criminal proceedings arising out of an offence u/s 304-A IPC...........
