Motor Vehicles Act, 1988, Section 166 -- Accident - Amputation of left leg - 75% physical functional disability - Future medical expenses - Appellant would require three more replacements of artificial left leg during his lifetime - High Court erred in granting a sum of Rs.50,000 only towards future medical expenses - It is thus, proper to enhance the same by Rs.2,50,000..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Amputation of left leg - 75% physical functional disability - Total compensation thus, awarded to appellant @ Rs.11,97,350 with 6% interest from date of petition till realization...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Offending vehicle/bus was hired by Corporation under an agreement between it and bus owner - Vehicle was insured - Agreement clause that Corporation has no liability for fault, negligence, accident or other illegal acts of driver of vehicle - Insurance company liable to..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Pleading and proof - Claimant need not plead or establish that death in respect of which claim was made was due to any negligence or default of owner of vehicle or of any other person...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - It is not relevant that person insured must be driver of vehicle but may well have been riding with somebody else driving a vehicle which resulted in death of person driving the vehicle...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Once the insurance company gave up the plea regarding driving license aspect before MACT, High Court committed error by utilizing the same plea to disentitle the claimant to relief...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 28 years of age at the time of accident - Multiplier of 17 would be appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - Appeal filed by claimants for enhancement of compensation amount is still pending before High Court - High Court ought to have heard appeal filed by Insurance Company along with cross-appeal of claimants pertaining to same accident - Matter remitted back to High Court...........
Employee's Compensation Act, 1923, Section 3 -- Fatal accident - Compensation - Doctrine of notional extension - Deceased died due to slipping in canal where he had gone to fetch water and also to have bath during course of employment - He was driving employer's truck and in the course of journey he required water to prevent overheating - Every action of driver of a truck..........
Employee's Compensation Act, 1923, Section 4A -- Compensation - Obligation to pay compensation arises on date of accident - Where an employer disputes quantum of compensation payable, it is enjoined to make provisional payment to Commissioner or employee pending settlement of claim - This is in order to ensure that an employer doesn't escape its obligation to make good..........
