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..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Head of pain, shock and suffering - Right hand below elbow of claimant was amputated - During prolonged hospitalization, claimant was operated five times - Considering five operations, prolonged hospitalization and suffering, amount of Rs.25,000 awarded by High Court under head of pain, shock and suffering..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Compensation - Multiplier - Claimant was 40 years of age at the time of accident - Multiplier of 15 to be applied...........
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..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Compensation - Head of pain, shock and suffering - Looking to serious injuries, prolonged hospitalization and pain and shock and suffering and trauma which might have been suffered by claimant, it would be just and proper to award Rs.4 lakhs to claimant under head of pain, shock and suffering...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Total compensation - Considering age of claimant, multiplier applied and various heads under which claimant entitled to compensation, claimant is entitled to total compensation of Rs.15,42,800 with 7.5% interest p.a from date of claim petition till satisfaction...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Non-examination of father of deceased on whose statement FIR in question is lodged is inconsequential, as factum of accident, lodging of FIR, injuries and hospitalization of deceased have been duly established on record by way of statements of eye witness and doctor...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of Insurance Company - Testimony of eye witness - Incident occurred in busy market place - Testimony of eye witness duly established the accident as well as involvement of offending vehicle - Eye witness did not know the deceased and his family before the accident - Merely because he has not..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Death - Maintainability of petition u/s 163-A of the Act - Insurance policy reveal that policy is a comprehensive one and it covers owner as well as driver - Policy on record clearly shows that premium was paid for insurance of owner as well as driver - Thus, contention raised by appellant with regard to maintainability..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Rule of evidence to prove charges in a criminal trial cannot be used while deciding an application u/s 166 of the Act, which is summary in nature...........
