Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 37 years old at the time of accident - Multiplier of 15 ought to be applied...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 37 years old at the time of her death - There ought to be addition of 40% to notional income of deceased towards future prospects as she was below 40 years of age...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view age of deceased, number of dependents and various heads under which claimants entitled to compensation, total compensation of Rs.46,17,350 with 7.5% interest p.a held, awarded to claimants - Lumpsum amount of Rs.2 lakhs also awarded to mother of deceased...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation- Question as to whether deceased died as a result of vehicular accident, cannot be gone into in appeal, particularly when both the Courts below have premised their orders on foundation that death of deceased was definitely as a result of an accident as projected - However, High Court scaled down the amount..........
Consumer Protection Act, 1986, Section 14(1) -- Punitive damages - Accident - Non-deployment of airbags of car - Liability of manufacturer of vehicle - Vehicle was sold with front airbags - However, airbags did not deploy at the time of accident - Complainant suffer substantial injuries as a result thereof - Safety description of goods fell shot of its expected quality -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Enhancement of compensation - Deceased was aged 37 years and is survived by his wife, three minor children and one major child - Minor children have their entire life ahead of them - Their education has to be taken care of as well as living expenses of all claimants - Perusal of award reveals that no amount has..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of notional income of victim - Victim was 5 years old at the time of accident - Minimum wages payable to skilled workman in the concerned year is to the tune of Rs.3708 - Minimum wages as on the date of accident is thus, rounded off to Rs.3700 - Compensation therefore, is to be assessed on the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Victim was 5 years old at the time of accident - He thus, entitled to 40% for future prospects...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Victim was 5 years old at the time of accident - Multiplier of 18 is thus, appropriate in view of age of victim...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Permanent disability for life - In view of physical condition, victim is entitled to one attendant for rest of his life though he may be able to walk with the help of assistant device - Device also requires to be replaced every 5 years - Victim not only lost his childhood but also adult life - Loss of..........