Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Appellant was aged about 19 years old at the time of accident - Left leg of appellant was amputed below knee due to injuries suffered in the accident - Appellant will not be able to perform any physical labour - Though appellant was a gratuitous passenger in the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was a housewife aged about 25 years at the relevant time and was doing tuition work - Income of deceased ought to be considered at least Rs.7500/- pm - While considering loss of dependency 40% of income is required to be added towards future prospects - Since the deceased was pregnant at the time..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 32 years old at the time of accident and was working as a constable in RPF - In view of Pranay Sethi case, when deceased was below age of 40 years and was having a permanent job, for purpose of determination of income 50% of actual salary i.e Rs.13,817 ought to have been..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deductions towards personal and living expenses - Taking into account number of dependents in family, 1/3rd of monthly income was to be deducted towards personal and living expenses of deceased in view of Pranay Sethi's case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 32 years old at the time of accident - Multiplier of 16 is thus, appropriate with reference to age group of deceased between 30 and 35 years in terms of Sarla Verma case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of parental consortium - Amount payable under head parental consortium shall not exceed Rs.40,000 qua a single child in view of Praney Sethi case - Amount of Rs.1 lakh each granted by High Court to claimants under head of love and affection require to be deducted and at the same time Rs.40,000 each out..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of dependency - Notional income of deceased as determined by High Court is Rs.6500 p.m and by adding 40% towards future prospects and deducting 1/3rd towards personal expenses of deceased and applying multiplier of 17, claimant shall be entitled to Rs.12,37,790/- under head of loss of dependency...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of consortium - Claimant entitled to Rs.40,000 towards parental consortium for minor child and Rs.40,000 towards spousal consortium for wife and Rs.40,000 towards filial consortium for father of deceased - Claimants shall also be entitled to Rs.30,000 under conventional head (Funeral expenses and loss..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased died in 2012 - High Court committed error in reducing interest from 9% p.a to 6% p.a - Claimants held, entitled to Rs.13,87,790/- with interest @ 7.5% p.a from date of filing of claim petition till realization towards compensation for death of deceased...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deduction towards personal and living expenses - Deceased was 23 years old at the time of accident and was pursuing MBA degree - He was the only child of claimants - 50% amount thus, would have to be deducted as personal and living expenses in view of Sarla Verma case...........
