Motor Vehicles Act, 1988, Section 166 -- Accident - Total Compensation - Taking into account the earning of deceased at Rs.36,000 for six months, medical expenses @ Rs.20,000, special diet, pain and suffering, attendant expenses, total compensation held, awarded @ Rs.7,19,489 with interest as directed by Tribunal, running from the date of filing claim petition...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Driver of offending vehicle wholly responsible for accident - Both MACT and High Court have awarded only 10% towards future prospects - Quantum of compensation awarded by High Court is modified by restoring verdict of MACT with regard to 100% negligence attributable to driver of offending..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Driver of heavy vehicle - Accident occurred in 2014 - Even a coolie would get an income of Rs.4,500 in the year 2004 - Hence, an unskilled labourer considering marginal and incremental increase in each successive year @ Rs.500/- per year would be entitled to get almost Rs.10,000 in the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of appellant - Accident occurred in the year 2015 - Considering income determined in Ramachandrappa case, appellant an unskilled worker would be entitled to claim monthly income of Rs.10,000 - Since claimant has asserted an income of Rs.9,000, same is proper...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Dismissal of claim petition by holding that no eye witness was examined to prove rash and negligent driving - Eye witness will not be available in all cases - When FIR is lodged and charge sheet is filed there could not be a finding that negligence was not established - Order of Tribunal allowing claiming petition..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Deceased was engaged in trade as general merchant who dealt in scrap material and had a shop in big market - Parents of deceased and his wife were solely dependent on income earned by deceased for eking out their livelihood - Specific claim of father of deceased that..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Taking into account notional income of deceased, Multiplier of 16, loss of consortium, loss of estate and funeral expenses, loss of future earnings and other heads under which claimants are entitled to compensation, total compensation, awarded to claimants @ Rs.27,52,000 with 6% interest p.a from date..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total Compensation - Taking into account the earning of deceased at Rs.20,000 p.m and adding 40% towards future prospects, deduction of 1/3rd towards personal expenses, loss of dependency @ Rs.18,666 p.m, multiplier of 15, Rs.40,000 awarded under head of loss of consortium, Rs.80,000 as parental compensation for two..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Directions issued for incorporating following particulars while filing claim petition under Motor Vehicles Act, 1988 : (a) (i) Names and addresses (local and permanent) of injured persons or the owners of damaged property, as the case may be, their Aadhar and PAN details and email-id, if any; and (ii) Names..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was a businessman - Relevance of Income Tax Return for the period which it relates to Financial Year concerned and not on the date on which it is filed with the Income Tax Department - When faced with Returns for different Assessment Years, it would be upto the Tribunal..........
