Motor Vehicles Act, 1988, Section 166 -- Accident - 50% disability - Enhancement of compensation - Considering the nature of disability i.e amputation of left leg below knee, age, occupation of petitioner and compensation awarded under different heads, compensation enhanced a sum of Rs.7 lakhs in addition to compensation as awarded by High Court, making a total..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability of 75% - Compensation - Appellant was a school going child at the time of her accident - Multiplier of 15 would be applicable considering her age at the time of accident...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability of 75% - Compensation - Notional income - Appellant was a school going child at the time of her accident - Minimum wages payable to a skilled workman, as per the Notification of Government of Assam stood at Rs.175 per day, which is more acceptable - On that basis, notional loss of income of appellant..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability of 75% - Total compensation - Keeping in view the age of appellant, her medical expenses for treatment and hospitalization, future medical treatment, attendant charges and for loss of marriage prospects, total compensation of Rs.34,07,771 held, proper with 7.5% interest on balance amount payable from..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of age of deceased - Aadhar Card can be used to establish identity, but it is not per se proof of date of birth...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Multiplier - Accident occurred on 4.8.2015 - Considering date of birth of deceased is 7.10.1970, multiplier of 14 would be appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Notional income of deceased taken to be Rs.9000 as found by Tribunal - Considering the age of deceased, multiplier to be applied and all the heads under which claimants are entitled to compensation, is Rs.15 lakhs with 8% interest from the date of filing of claim petition awarded to claimants...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - In claim cases, arising out of motor accident, Court has to apply principles of preponderance of probability and cannot apply the test of proof beyond reasonable doubt...........
Motor Vehicles Act, 1988, Section 166 -- Accident - A witness who is otherwise found trustworthy cannot be disbelieved, in a motor accident case, only on the ground that police have not recorded his statement during investigation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - Car whether involved in accident - Mahazar clearly records that front bumper right side of the car is broken, front right parking light is broken, grill fitted above the front bumper is curved - With such damages to the front side of the body of car, it is impossible to record a finding that car was not..........
