Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Deceased was doing wholesale business of selling fruits - Claimants were not able to prove the income of deceased - However, taking into account the Notification of 2016 under Minimum Wages Act, monthly income of an unskilled worker was fixed @ Rs.6500 - Consequently,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 24 years of age at the time of accident - Multiplier of 18 as per Pranay Sethi case is thus, appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of dependency - Father and younger sister of deceased both not financially independent, would fall under definition of legal representatives for the purpose of claiming compensation under the Act - They were considered as dependents upon the income of deceased - Therefore, deduction made towards..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Driver of offending vehicle did not possess an effective driving licence - Driver and owner of offending vehicle are liable to pay compensation - High Court rightly directed Insurance Company to first pay the compensation to claimants and then recover the same from driver and owner, who are jointly and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Considering the age of deceased, multiplier to be applied and all the heads under which claimants are entitled to compensation, total compensation of Rs.17,52,500 is awarded to claimants...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of income - Employability of a person with serious head injuries is a circumstance which ought to have been kept in the perspective for determining loss of income...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Appellant No.1 admittedly suffered serious head injuries and underwent more than one operation - He established his avocation as a mason - Employability of a person with serious head injuries is a circumstance which ought to have been kept in perspective for determining loss of income of appellant No.1 -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement - High Court has rightly adopted the settled position of law in assessing the notional income and subsequently enhancing the Loss of Income of petitioner after considering his 60% disability - However, High Court has utterly failed in delving into the aspect of correctness of compensation..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Question regarding negligence which is essential for passing a award in motor Vehicles Accident claim should be considered based on evidence available before Tribunal - However, if police records are available before Tribunal, same can be looked into...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deductions - While calculating the quantum of compensation for death, deduction is bound to be effected towards personal and living expenses...........
