Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Functional disability - Appellant had produced a certificate wherein disability was assessed at 60% by doctor who was examined as PW2 - Only skin grafting was fixed at 50% by Tribunal - High Court without any appeal by Insurance Company reduced disability to 40% which was improper - Disability of 50% as..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view of age of appellant 27 years at the time of accident, Rs.5000 p.m monthly income, multiplier of 17, 50% functional disability, 40% future prospects, total compensation @ Rs.7,14,000 with 7.5 interest awarded to appellant...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Absence of vehicle registration number in FIR or complaint lodged immediately after accident is not by itself fatal to claim, as FIR is not an encyclopedia and omissions at the initial stage may not be determinative - However, claimants must establish specific identity of vehicle/driver with caveat that..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Complaint merely states that a vehicular accident occurred without identifying offending vehicle - Spot mahazar was admittedly prepared several days after accident - In absence of any eyewitness to accident, there is nothing to indicate basis upon which it was drawn up or on whose statement formed its..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Notional income of deceased - Deceased was engaged in videography and computer mixing work - However, no evidence led by family of deceased to prove income of deceased - Income of Coolie in the year 2008 when accident occurred was Rs.6500 - Income of deceased @ Rs.7000 p.m. rightly claimed by claimants...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Taking into account income of deceased to be Rs.7,000 p.m. multiplier of 17, 40% future prospects, deduction of 1/4th for personal expenses, Rs.15,000 loss of estate, Rs.40,000 loss of consortium and Rs.15,000 for funeral expensed, total amount of Rs.17,29,400, awarded to claimants...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Court cannot reduce compensation at its mere whim or fancy in the absence of any legal or factual basis for awarding a lesser amount of compensation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Merely because Counsel for claimant agreed for a reduced amount of compensation, claimant should not be made to suffer - Claimant has a right to know as to reason for which a reduced amount of compensation is offered to him...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased aged about 29 years was in real estate business and based on his income tax return of preceding assessment year Tribunal assessed his income at Rs.4,58,430, thereafter applying a multiplier of 17 and deducting 1/4th towards his personal expenses and awarding compensation on loss of consortium and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Tribunal can award compensation exceeding claimed amount under the Act and function of Tribunal is to award just compensation which is reasonable based on evidence produced on record...........
