Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Appellant not only lost a member of their family but also suffered extensive injuries himself - He was merely overtaking a vehicle which is an act of everyday occurrence on the road - Merely because a person was attempting to overtake a vehicle, cannot be said to be an act of rashness or..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was between the age of 40 and 50 at the time of accident - Multiplier of 15 would be appropriate in view of Sarla Verma case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was between the age of 40 and 50 at the time of accident - Accordingly, 25% addition is to be made to the established income...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Taking into account the age of deceased and various heads under which compensation is calculated, total compensation of Rs.11,25,000 with 12% interest awarded...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deduction towards personal expenses - Deceased had four dependents - Deduction thus, has to be 1/4th and not 1/3rd as directed by High Court...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was aged about 44 years at the time of accident and holding a permanent job - 30% addition to actual salary is to be made as per Pranay Sethi case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Heads of loss of estate, loss of consortium and funeral expenses - Court awarded Rs.15,000, Rs.40,000 and Rs.15,000 respectively under these heads - However, amount so quantified should be enhanced by 10% every three years - Rate of interest will be 7.5% - Total compensation amount thus, awarded is..........
Indian Penal Code, 1860, Section 304(2), Motor Vehicles Act, 1988, Section 187, Criminal Procedure Code, 1973, Section 228 -- Offence u/s 304(2) IPC and S.187 of Motor Vehicles Act - Previous enmity between accused and deceased who was riding the motorcycle - Motorcycle was dragged for a distance of about 70 feet and all the occupants of the motorcycle died on the spot -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Prerequisites/allowances in the nature of house tax, flexible benefit plan and Company contribution to provident fund have to be included in the salary of deceased while applying component of rise in income by future prospects to determine the dependency factor...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deduction of income tax from gross salary of deceased for calculating gross income is justified...........
