Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - No sufficient evidence on record indicating that accident occurred due to negligent driving on the part of deceased - Even on the basis of allegation simpliciter, it cannot be presumed that accident occurred due to rash and negligent driving of both the vehicles for having driven at high speed -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Accident occurred in 2016 - Tribunal has evidently recorded last drawn salary of deceased as per pay slip to be Rs.62,725 p.m - High Court was thus, not justified in assessing the monthly income of deceased at Rs.50,000 - Findings of Tribunal assessing income of deceased to be Rs.62,725..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view the age of deceased being 38 years at the time of accident, his income Rs.62,725 p.m, multiplier of 13 and various heads under which claimants entitled to compensation, total compensation @ Rs.1,20,84,925 awarded to claimants with interest as awarded by Tribunal...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Involvement of minor/appellant No.2 in accident - Father of appellant No.2 was driving vehicle at material time and not appellant No.2/minor - Minor was merely a passenger seated beside driver and had no role in the accident - Neither substantive or direct evidence establishing involvement of minor in the accident in..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Once a charge sheet has been filed and driver of offending vehicle has been held negligent, no further evidence is required to prove that vehicle was being negligently driven by bus driver - Even if eyewitnesses are not examined, that will not be fatal to prove death of deceased due to negligence of driver..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was aged about 38 years at the time of accident - Multiplier of 15 is thus, appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Deceased was an agricultural labourer - Taking notional income of deceased to be Rs.6,000 i.e. Rs.72,000 p.a, after deducting 1/3rd towards personal expenses, dependency comes to Rs.48,000 p.a. and after applying multiplier of 15 and adding 40% towards future prospects amount comes to Rs.9,87,000 -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of functional disability - Amputation of right leg above knee - Appellant is not salaried, but is self-employed running and managing his own business - For the appellant to be able to effectively run his business, he is definitely required to move around - This has been hampered significantly by his..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Multiplier - Age of appellant at the time of incident was 22 years of age - Multiplier of 18 is thus, appropriate considering the Sarla Verma Case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total Compensation - Keeping in view the age of appellant at the time of incident being 22 years, applying multiplier of 18, his monthly income @ Rs.6,000 p.m and various heads under which appellant is entitled to compensation, total compensation of Rs.28,93,494 with interest as awarded by Tribunal awarded to appellant...........
