Motor Vehicles Act, 1988, Section 173 -- Constitution of Appellate Tribunal - In order to curtail pendency before High Courts and for speedy disposal of appeals concerning payment of compensation to victims of road accident, it would be just and proper to consider constituting `Motor Vehicle Appellate Tribunals' by amending S.173 of the Act so that appeals challenging..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Income of deceased - Deceased was 25 years old at the time of accident and was a Bachelor of Engineering in Computer Technology - Tribunal thus, rightly considered the income of deceased @ 20,000/- p.m. - High Court committed error by reducing compensation from 30,54,000 to 15,82,000 by allowing..........
Indian Penal Code, 1860, Section 279, 304A, Motor Vehicles Act, 1988, Section 181 -- Rash and negligent driving - Reduction of sentence - No allegation against accused that at the time of accident he was under influence of liquor or any other substance impairing his driving skills - It was a rash and negligent act simpliciter and not a case of driving in an inebriated..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Notional income of deceased - Deceased was 7 years old at the time of accident - Accident occurred on 6.9.2004 and Scheduled-II of the Act not yet amended - Therefore, fixing notional income at Rs.15,000 p.a for non-earning member is not just and reasonable - Notional income of deceased at Rs.25,000 p.a is..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Multiplier - Deceased was 7 years old at the time of accident - Multiplier of 15 would be appropriate as prescribed in Schedule - II of the Act...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Total compensation - Enhancement of - Taking into account the age of deceased, applicable multiplier and various heads under which claimants are entitled to compensation, claimants entitled to total compensation of Rs.4,70,000 with interest at 6% p.a from date of claim petition till date of realization - Enhanced..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 69% permanent disability - Expenses for bystander - Appellant would require assistance of a bystander/attendant for all his movements as noticed by Presiding Judge of Tribunal - Since no material is produced to quantify expenses for attendant, making a conservative estimate, Rs.5000 pm appears to be bare minimum - Annual..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 69% permanent disability - Future medical expenses - Appellant was hospitalized for 191 days and was off work - He was 21 years old and was earning around Rs.4,500 pm at the time of accident - Appellant has produced adequate medical documents before High Court to show recurring needs for testing, treatment and further..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 69% permanent disability - Compensation - Assessment of loss of earning - Where appellant is incapacitated for life and is confined to home, income loss has to be quantified as 100%...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 69% permanent disability - Compensation - 100% loss of earning - Earning life for appellant is over and as such his income loss has to be quantified as 100% - As monthly income of appellants was 4,500 adding 40% future prospect thereto, monthly loss of earning is quantified as Rs.6,300 - It is thus, appropriate to..........
