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,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Husband availed certain leaves as such certain deductions were from his monthly income - However, such deductions cannot become a part of the baseline in computing maintenance as, in all likelihood, the same will fluctuate over time, owing to very many reasons...........
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%..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Re-assessment of income of deceased - Salary certificate of deceased produced on record showing monthly salary at Rs.15,000/- - Said salary certificate is proved on record - Deceased was a qualified person working as Manager in private firm - Tribunal and High Court committed error by not giving due..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future economic loss - Claimant was serving in Merchant navy and his salary at the relevant time was USD 1000 - Right hand below elbow of claimant was amputated resulting in 70% disability qua right arm - Claimants will not be able to do any work in Merchant navy - High Court ought to have awarded future..........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Offence u/ss 13(1)(d), 13(2) of the Act - Allegation relating to accused's disproportionate income in the period between 1974 and 1988 was levelled in an FIR filed 12 years after said period concluded - Charge sheet was filed seven years after registration..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Compensation - Future economic loss - Claimant was working as a Mason - Permanent disability assessed by High Court at 100% - Therefore, even considering minimum wages payable to Mason and future rise in income, claimant shall be entitled to economic loss past as well as future considering..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3)(a) -- Benami transaction - Plaintiff father proved that properties had been purchased with his funds in the name of his two minor sons having no source of income - He also proved that he had possession of property - Defendant/son admitted the suit averments - In these circumstances, elements necessary to establish..........
Interim maintenance -- Husband has not come with clean hands before Court to disclose the annual income - He has enough resources to take housing loan of Rs.20 lacs and has a business in the nature of agricultural operations besides other source of income which he has deliberately concealed from Court - Wife is entitled to Rs.25,000 p.m towards interim maintenance from..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased getting salary of Rs.12,450/- as per his wife and he was over 50 years of age - However, in absence of proof of salary, Tribunal assessed monthly income of deceased as Rs.10,000/- - Keeping in view of income, age and future prospects, total compensation comes out to be Rs.11,63,000 along with 7%..........
