Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Amount of compensation claimed is not a bar for Tribunal and High Court to award more than what is claimed, provided it is found to be just and reasonable - Rough calculation made by claimant is thus, not a bar or the upper limit...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of claimant - Appellant was working as Branch Manager and getting a consolidated salary of 22,000 one year prior to the date of accident - Accident took place in the year 2014 in the financial year 2013-14 - However, appellant produced the income tax returns for assessment years 2010-11, 2011-12 -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Age of appellant was 32 years at the time of accident - Multiplier of 16 rightly applied by High Court...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Age of appellant was 32 years at the time of accident - He is thus, entitled to 40% future prospects as per Pranay Sethi case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% functional disability - Claim for attendant charges - Appellant remained admitted in hospital for 25 days and had to undergo surgery post initial operation as well - However, considering the fact of mental disability to be suffered by appellant, who is now around 40 years old and the age of mother who is above 60..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% functional disability - Head of pain and sufferings - Appellant has become mentally unstable, having 100% functional disability - Compensation of Rs.50,000 on account of pain and suffering is on lower side and the same deserves to be enhanced to Rs.1,00,000...........
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...........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Accused was 52 years of age at the time of accident - Statement given by PW6 before police with regard to mini lorry driver being an elderly person and his subsequent testimony before trial Court therefore is not found to be so significantly different, which might amount to contradiction -..........
