Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Monthly income of deceased - Monthly income could be fixed taking into account the tax returns only if the details of payment of tax are appropriately brought into evidence so as to enable the Tribunal/Court to calculate the income in accordance with law...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Death of brother - Deceased was 10 years old or thereabouts at the time of his death - Quantum of compensation Rs.2,45,000 as granted by Tribunal was rightly enhanced by High Court in the appeal to Rs.5,00,000 in terms of the decision in Kishan Gopal...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Interest for the period of delay in filing appeal before High Court - Claimants filed appeal before High Court against award of compensation passed by Tribunal, with a delay of 708 days - High Court while condoning said period of delay directed claimants that they will not be entitled to any interest for..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Interest - Claimants denied interest for the period between 22.6.2016 to 13.7.2023 on the ground that there was delay on the part of counsel for claimants in not supplying copy of paper book to counsel for insurance company - Such delay cannot be attributable to claimants alone and for such delay claimants..........
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..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Car accident - Damage to car - Car damaged due to accident and also short circuit following the accident - Appellant had a co-passanger at the time of accident and co-passenger needed immediate attention - He was rushed to hospital leaving the car in ditch which caught fire due to short circuit - Appellant was..........
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,..........
