Motor Vehicles Act, 1988, Section 166 -- Accident - 100% functional disability - Total compensation - Considering the age of appellant, his income, disability he suffered and claim under various heads, total compensation of Rs.52,31,000 awarded to appellant - Appellant will be entitled to get interest on the enhanced compensation at the rate of 6% as awarded by High Court...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Future prospects - Addition of future prospects cannot be denied in cases of self employed persons or those employed on a fixed salary...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Future prospects - It is imperative to consider future aspects of a person's earning potential when determining compensation in motor accident claim cases...........
Motor Vehicles Act, 1988, Section 2(30) -- Owner - Owner of a vehicle is not limited to the categories specified in S.2(30) of the Act - Even a person at whose command or control the vehicle is, could be treated as its owner for the purposes of fixing tortious liability for payment of compensation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of dealer of vehicle - Appellant/dealer was neither the owner nor in control/command of the vehicle at the time of accident - Vehicle was being driven by an employee of Hindustan Motors - Apart from the driver, Hindustan Motors alone was liable for compensation awarded - Therefore, appellant being..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Dealership agreement - Liability of owner of vehicle - Clauses in dealership agreement would indicate that they deal with company's/Hindustan Motors liability in respect of any defect in the motor vehicle - They limit the company's liability in respect of any defect in the motor vehicle to the company's..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of deceased - Tribunal after considering material on record held that deceased was a skilled worker and had accordingly determined his income - High Court erroneously taken the deceased to be an unskilled worker and reduced his assessed income without adequate reasoning being provided - No..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Guidelines issued by any State Legal Services Authority of High Court are not binding either on High Court or on MACT to determine just and fair compensation - Such guidelines would apply as guiding factor in cases where proof of income is not available and ordinarily to decide the cases in Lok Adalat...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of percentage of disability - Disability certificate issued by doctor shows that appellant suffered 50% permanent disablement and said doctor was also examined as PW2 - However, Tribunal after considering all oral and documentary evidence has taken the disability of appellant only as 25% and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Rash and negligent act - Merely because a person was attempting to overtake a vehicle, cannot be said to be an act of rashness or negligence with nothing to the contrary suggested from the record...........
