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..........
Civil Procedure Code, 1908, Section 25 -- Transfer of claim petition filed under Motor Vehicles Act - Not mandatory to file claim petition at a place where accident occurred - Claimants can file claim petition at the place where they reside or carry on business or defendant resides - Claimants having chosen the option, no grievance can be raised by petitioner - Transfer..........
Civil Procedure Code, 1908, Section 25 -- Transfer of claim petition filed under Motor Vehicles Act - Language barrier for the witnesses to depose - No case set up for transfer - Transfer petition dismissed...........
Indian Penal Code, 1860, Section 279, 338, Motor Vehicles Act, 1988, Section 187 -- Rash and negligent driving - Accident occurred when accused overtaking a tripper truck on a bridge - Admittedly, when it is a bridge overtaking is strictly prohibited - Since accused did not take proper care and was not supposed to overtake the vehicle on a bridge, accused rightly..........
Indian Penal Code, 1860, Section 279, 338, Motor Vehicles Act, 1988, Section 187 -- Rash and negligent driving - Sentence - Complainant was awarded sufficient amount under Motor Vehicles Act - Accused has no criminal antecedents - Sentence modified to fine of Rs.1000/-...........
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...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Pain and sufferings - Claimant remained in hospital for 10 days and was also in continuous treatment - Compensation awarded towards pain and sufferings is on lower side - Additional compensation of Rs.50,000/- awarded under head `Pain and sufferings'...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Physical disability - Claimant produced disability certificate and identity card which certified that overall permanent physical impairment of claimant is 75% - Tribunal and High Court committed serious error in assessing disability for awarding compensation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of claimant - Claimant was working as Marketing Executive and earning salary of Rs.8000/- p.m - Though claimant did not examine his employer, but on this ground it cannot be said that claimant was unable to earn or was not earning Rs.8000/- p.m - Claimant being graduate and working as Marketing..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Claimant was 24 years old at the time of accident - Appropriate multiplier as indicated in Sarla Verma's case deserves to be adopted...........
