Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - In claim cases, in case accident is disputed or involvement of vehicle concerned is put in issue, claimant is only expected to prove the same on a preponderance of probability and not beyond reasonable doubt...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claimants have established their case that it was the truck which was involved in the accident with car wherein deceased was travelling - Specific plea of collusion as set up by insurance company not established - Death of deceased thus, caused by driving of truck by respondent no.2 in a rash and negligent..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Appellant was apparently a carpenter - Carpentry is a skilled job - It would be unfair to classify a carpenter as an unskilled worker - Minimum wages as applied to skilled person is to be taken for the purposes of calculation of compensation as on relevant date would be Rs.8337.10 - Since the percentage of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of permanent disability - Appellant was a diamond cutter by profession - He suffered a complete loss of vision in one eye in the accident - Diamond cutting, is a task of immense skill which involves a great degree of precision and exactitude - Main process of cleaving and sawing clearly can be completed only..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Claim for pain and suffering - Appellant aged about 39 years suffered a complete loss of vision in one eye in the accident - Pain and suffering is not only on account of physical pain but also suffering on account of what has been lost as a result of accident, desire of economic betterment,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Total compensation - Keeping in view the age of appellant, his profession and claim under various heads, total compensation @ Rs.15,98,000 with 8% interest awarded to appellant...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Merely because FIR has been delayed, a claim cannot be rejected...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Delay in lodging FIR - Delayed FIR also require a relevance - All available evidences points out towards a skid and fall and not a motor accident - Moreover, police in the FIR also came to conclusion that there was no motor accident and had filed a closure report - Claim petition dismissed...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Multiplier - Deceased was 43 years of age at the time of accident - Multiplier of 14 is thus, appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view the notional income of deceased @ Rs.15,000 p.m and since there are six dependents, 1/4th of said amount deducted towards personal expenses of deceased, multiplier of 14 and various heads under which claimants entitled to compensation, total compensation of Rs.21,71,300 awarded -..........
