Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Notional income of deceased - Deceased was 23 years old at the time of incident - He was a qualified engineering graduate and was pursuing MBA degree - Had the deceased not met with an accident he would have surely drawn a salary equivalent to that of his classmates or at least amount near the said amount -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Deceased was actively involved in multiple business ventures which included partnership firms and other investments such as shares and bank interests - Mere fact that deceased's share of ownership in these businesses ventures was transferred to deceased's minor children..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Income from house property and agricultural land - Deprivation of income is not strictly applicable to cases where agricultural income or income from house property is the source - Attendant circumstances have to be considered...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was aged above 31 years at the time of death - Multiplier of 16 is thus, appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Managerial skills - Computation of any managerial skills should lie between 10 to 15% of total rental income, but acceptable range can be increased in light of specific circumstances...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view the age of deceased, various heads under which claimants entitled to compensation, total compensation of Rs.2,27,12,400 awarded to claimants with 7.5% interest p.a...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Tribunal awarded multiplier of 18 after determining income of deceased @ Rs.3,683 p.m - However, High Court reduced the multiplier to 9 having regarding the age of surviving mother of deceased - Order of High Court set aside - Multiplier of 18 awarded by Tribunal restored...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was working in informal sector - Appropriate standard would be 40% in view of Pranay Sethi case - High Court fell into error in denying enhancement of compensation on account of future prospects - Additional compensation on account of future prospects would be worked at 40% of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of dependency - Deceased were having valid driving license and were working as drivers - Income of deceased thus considered at least Rs.10,000 p.m and by adding 40% towards future prospects and thereafter deducting 1/3rd towards personal expenses and by applying appropriate multiplier, claimants held,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased at the relevant time considered at Rs.3000/- pm - Future prospectus and rise in income, if considered and loss of dependency determined, it can be said just compensation - Claimants thus, shall be entitled to total compensation of Rs.4,25,000 under different heads along with interest @ 9%..........
