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..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Non-disclosure of other insurance policies - Father of appellant had disclosed one other life insurance policy availed by him at the time of filing the proposal form, but failed to disclose other similar policies - Policy in question is not a Mediclaim policy, it is a life insurance cover and the..........
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 -..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Reduction of sentence - Identity of accused stands duly established - Medical evidence shows that deceased suffered injuries in an accident and died - Rash and negligent driving on the part of accused stands established beyond reasonable doubt - Occurrence pertains to the year 2002 and as many as 22..........
Indian Penal Code, 1860, Section 304A, 279, 332, Evidence Act, 1872, Section 9 -- Rash and negligent driving - Non-conducting of Test Identification Parade - Multiple passengers were travelling in the canter being driven by accused - They suffered injuries in the accident and three persons lost their lives - Injured witnesses had ample opportunities to see accused during..........
Employee's Compensation Act, 1923, Section 3(a), 4A(3) -- Compensation - Default in payment by employer - Interest - Payment of 12% interest is mandated u/s 3(a) of the Act if there is default committed in making provisional payment - Interest runs from date of accident - Discretion is only in so far as applying a higher rate ensuring that it does not exceed lending rate..........
