Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Age of deceased was 52 years at the time of accident - Multiplier of 11 would be appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was multi tasking person and was doing multiple works - Considering the material placed on record by appellants and value of labour being put by deceased in agriculture, it would be reasonable to assess his income at Rs.35,000 pm - Appellants entitled to compensation of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Income of deceased - Deceased was a homemaker - Her direct and indirect monthly income in no circumstances could be less than wages admissible to a daily wager under Minimum Wages Act...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was a homemaker - Monthly income of deceased at the relevant time, could not be less than Rs.4000 p.m or so - However, instead of calculating compensation under different heads and also keeping in mind the fact that claimants and respondents are closely related, delinquent vehicle was not insured,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Amount received as Compassionate Assistance to Dependents of deceased Govt. employees owing to sudden death of the employee in harness for any reason whatsoever including as a result of road traffic accident has to be deducted from compensation awarded under Motor Vehicles Act...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Even in the absence of definite proof of income, social status of deceased is to be kept in perspective where such persons are employed in unorganized sector and notional income in any event is required to be taken into consideration...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Notional income of deceased - Deceased was working as a mechanic and had three dependents to be cared for - Since he was skilled person, daily income at Rs.200 per day in any event could have been taken even if income from jeep transport business was discarded for want of documents - More so, MACT referred..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Liability of Insurance Company - Claimant was travelling in trailer attached to tractor at the time of accident - When a tractor and trailer are involved, both tractor as well as trailer are required to be insured - As claimant was travelling in trailer which was not insured as such liability..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Amputation of left lower limb above knee joint - Liability of Insurance Company - Claimant is a 20 years old lady who was working as a labourer and was travelling in trailer attached to tractor - Trailer was not insured, thus insurance company is liable - However, disability being 100% and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claimants have to establish their case on the touchstone of preponderance of probabilities - Standard of proof beyond reasonable doubt cannot be applied while considering petition seeking compensation - Opinion in final report filed in criminal case thus, has no bearing on claim petition...........
