Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Merely because Counsel for claimant agreed for a reduced amount of compensation, claimant should not be made to suffer - Claimant has a right to know as to reason for which a reduced amount of compensation is offered to him...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased aged about 29 years was in real estate business and based on his income tax return of preceding assessment year Tribunal assessed his income at Rs.4,58,430, thereafter applying a multiplier of 17 and deducting 1/4th towards his personal expenses and awarding compensation on loss of consortium and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Tribunal can award compensation exceeding claimed amount under the Act and function of Tribunal is to award just compensation which is reasonable based on evidence produced on record...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement - Functional disability - Appellant was 21 years of age during the incident who requires a personal attendant - Lump sum amount of Rs.3,00,000 thus, awarded towards attendant charges over and above the loss of income arrived at by this Judgment and High Court - Keeping in view of loss of monthly..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Deceased was getting Rs.6,000 as monthly salary from stone crusher company - He was also working in his farm and earning therefrom is not controverted - Even if direct evidence regarding exact amount of income had not come on record, deceased could be presumed to have..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was in the age group of 30 to 35 years - Multiplier of 16 is thus, appropriate in view of Pranay Sethi case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Seven persons were dependent on deceased - Deduction of 1/5th amount towards personal expenses deducted by Tribunal as well as High Court - After adding 40% towards future prospects and applying other parameters, annual income of deceased could be placed at Rs.60,480 and multiplying the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Consortium - Claimants should be entitled to consortium amount of Rs.40,000 each towards filial consortium, spousal consortium and in respect of parental consortium of children who are four in number - Rs.2,80,000 awarded to each of claimants towards consortium...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Compensation as granted by Supreme Court in the criminal case shall not be deducted from the total compensation, if any granted by the Motor Accident Claims Tribunal or by any other Forum by reason of loss of dependency caused by the death of the son of PW1...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was between 51-55 years of age at the time of accident - Multiplier of 11 is thus, appropriate...........
